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(영문) 수원지방법원 성남지원 2017.03.31 2016가단214048

근저당권말소

Text

1. On August 24, 2015, the Defendant: (a) on the real estate stated in the separate sheet No. 1 list to the Plaintiff, the Cheongju District Court in the Cheongcheon Registry.

Reasons

1. Basic facts

A. On December 19, 2013, the Plaintiff borrowed KRW 100,000,000 from the Defendant for the following (hereinafter “Agreement on Loan for Consumption”) for A and D businesses.

1) On December 19, 2013, the Defendant lent the Plaintiff KRW 100,00,000 to the Plaintiff, and the Plaintiff borrows this (hereinafter “Plaintiff’s account transfer”). The Plaintiff shall repay the amount borrowed on December 18, 2014 to the Defendant on a principal basis. (ii) The Plaintiff shall pay interest to the Defendant on a principal basis.

The plaintiff shall pay KRW 1,00,000 to the defendant by the method designated by the defendant (transfer of bank) by no later than 18th day of every week.

(The total amount of interest on each month shall be KRW 4,00,000, and the fifth day of the month where the Friday exists shall not be paid interest). 3) The Plaintiff’s real estate listed in the [Attachment 1] list, a real estate owned by the Plaintiff (hereinafter “instant land”).

) Buildings listed in the separate sheet No. 2 and the separate sheet No. 2 (hereinafter “instant building”).

The defendant shall faithfully cooperate with the defendant in establishing the collateral security with the joint collateral.

B. The Defendant, with regard to the instant claim as the secured claim, completed the registration of creation of a neighboring mortgage with respect to the instant land as the Cheongju District Court No. 18252, Dec. 23, 2013; Daejeon District Court No. 74373, Dec. 20, 2013; each of the respective obligors, the Plaintiff, the mortgagee, the Defendant, and the maximum debt amount of KRW 120,000,000.

C. Since October 24, 2014, the Plaintiff delayed the payment of interest, the Defendant received a decision to voluntarily commence the auction procedure with respect to the instant building on January 27, 2015.

The Plaintiff and the Defendant agreed that “60,000,000 won shall be paid to the Defendant by the Plaintiff, the Defendant shall withdraw the auction, and the registration of creation of a new collateral on the instant land and building shall be cancelled, except that the principal of the remaining obligation shall be KRW 50,000,000.”

(e).