beta
(영문) 서울동부지방법원 2016.06.14 2015가단120667

근저당권말소

Text

1. On October 2012, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Jung-gu District Court, Yangyang-ju registry office, respectively.

Reasons

1. Summary of the parties' arguments

A. The Plaintiff’s assertion 1) On October 12, 2012, C, the Plaintiff, around October 12, 2012, borrowed KRW 40 million from the Defendant. Upon C’s request, the Plaintiff borrowed KRW 40 million, and each of the real estates listed in the separate sheet (hereinafter “instant real estate”).

(2) The Plaintiff, the mortgagee, the Defendant, the maximum debt amount, and the maximum debt amount, KRW 60,000,000,000 and KRW 60,000,000,000 and KRW 60,000,000,000 are delivered to the Defendant jointly with C for the sale of the said D land. (2) The Plaintiff, while selling the said D land to another person, sold the land to the Defendant, paid KRW 10,00,000,000,000 out of the remainder paid as the down payment on February 4, 2015, which is the date of concluding the sales contract for the said D land, and received the return of the receipt and the said promissorysory note from the Defendant.

3) Therefore, since the liabilities secured by the registration of the establishment of a neighboring mortgage established on the instant real estate have been fully repaid and extinguished, the Defendant ought to fully cancel the registration of the establishment of a neighboring mortgage. (b) The Plaintiff and C paid to the Defendant only KRW 12 million, 12,000,000,000 out of the above loan amount of KRW 40 million and the above KRW 40 million from October 16, 2012 to March 16, 2015, calculated at the rate of 25% per month from March 16, 2015.

2) On April 1, 2015, C paid the Defendant capital gains tax, etc. on real estate sale in the place where C repaid the above loan amount of KRW 30 million,00,000,000,000,000 from the above loan amount of KRW 40,000,000,000,000 from the Plaintiff and paid the Defendant the Defendant the remainder of the loan amount of KRW 10,000,000,000 after deducting the remainder of the loan amount of KRW 40,000,000 from the remainder of the interest. The loan certificate was also drawn up, but the Plaintiff and C did not pay the Defendant the above KRW 25,00,00,000,00,000,000,000.