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(영문) 청주지방법원충주지원 2016.10.27 2016가단2218

근저당권말소

Text

1. The Plaintiff:

A. Defendant B is the Cheongju District Court’s voice registry office on October 24, 2012 with respect to the 350 square meters of the Cheongju District Court’s voice C Dae-gun, Chungcheongbuk-gun.

Reasons

1. Basic facts

A. As to the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of this case”), the Plaintiff completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of this case”) with the Cheongju District Court, the Cheongju District Court, No. 32737, Oct. 24, 2012, the Cheongju District Court, No. 32737, Oct. 24, 2012, the Plaintiff completed the registration of establishment of a mortgage of this case (hereinafter “registration of establishment

B. On September 23, 2014, Defendant Chungcheongnam-si seized the secured debt at the time of the registration of the establishment of the instant neighboring mortgage.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. The purport of the Plaintiff’s assertion was that the establishment registration of a neighboring mortgage of this case was established as a preliminary measure to secure the Plaintiff’s obligation against Defendant B, the branch of Defendant B, without the Plaintiff’s obligation against Defendant B, and the Plaintiff did not have any obligation against Defendant B, and thus, the establishment registration of a neighboring mortgage of this case should be cancelled, and the Defendant Chungcheongnam-si, the interested party, is obligated to express his consent to the registration of cancellation.

B. (1) Since there is no dispute between the parties regarding the determination of the claim against Defendant B and the fact that the registration of the establishment of the establishment of the establishment of the instant root regardless of any debt between the Plaintiff and the Defendant B, Defendant B is obligated to implement the registration procedure for the cancellation of the registration of the establishment of the establishment of the instant

(2) The following facts are acknowledged prior to the determination of the claim against the Defendant Chungcheongnam-si and the entire purport of the statements and arguments stated in the evidence Nos. 2 and 5 as a whole. In other words, the Plaintiff borrowed KRW 50,000,00 from D which he/she became aware of through the introduction of Defendant B on May 31, 2012, and set a collateral against the Plaintiff’s automobile as the collateral, and as the Plaintiff did not repay the above loan, D applied for the provisional attachment of real estate against the Plaintiff’s E-Ba building located in Chungcheong-gun, Chungcheongnam-gun, the Plaintiff owned.