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(영문) 의정부지방법원 2015.08.11 2014가단12676

근저당권말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 31, 201, the Plaintiff entered into a contract to sell each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) at KRW 860 million (hereinafter “instant sales contract”) with D, named as the head of C Co., Ltd. (hereinafter “C”), as of August 31, 201, the Plaintiff: (a) concluded a contract to sell each real estate listed in the separate sheet owned by the Plaintiff at KRW 860 million; (b) the down payment amount of KRW 90 million was set as of November 14, 2007 on the instant real estate; (c) paid the remainder amount of KRW 120 million with the acquisition of the collateral obligation of KRW 120 million on the instant real estate; and (d) entered into the said contract and the said special agreement to pay the remainder on October 10, 201 at the same time as the collateral for the instant real estate.

B. Accordingly, the Plaintiff entered into a mortgage agreement on the instant real estate as set forth in the obligor C, a mortgagee, a joint mortgagee, and a maximum debt amount at KRW 500 million with respect to the instant real estate in order to secure a debt arising from a loan agreement, a note, a certificate of payment, etc., that is currently borne or will be borne by C within the scope of the maximum debt amount. On the same day, the Plaintiff entered into a mortgage agreement on the instant real estate as to the obligor C, a joint mortgagee, a joint mortgagee, and a maximum debt amount at KRW 500 million. On the same day, the Plaintiff completed the registration of the creation of the collective security (hereinafter “instant collective security”). However, D did not perform its obligation, such as the obligor’s obligation to take over the collateral obligation under the said sales agreement, and the obligation to pay the remainder.

C. On August 23, 2012, among them, the auction procedure for the instant real estate was in progress with respect to the application for voluntary auction by the Chang S&C branch. On September 20, 2012, the Chang S&C was in progress with respect to the instant real estate, and on September 20, 2012, the transfer of final claim against the Defendant regarding the instant right to collateral security.