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(영문) 대구지방법원서부지원 2020.10.07 2018가단61526

근저당권말소

Text

1. The defendant received KRW 33,00,000 from the plaintiff, and then the plaintiff shall be entitled to KRW 33,000,00,00 in attached Table 1 to 4.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant: (a) on April 28, 2016, each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”); and (b) on the attached sheet, the real estate listed in paragraph (0) of the attached sheet in the real estate list is “O real estate of this case”.

(D) 1,000 square meters prior to D and 231 square meters prior to E (hereinafter “each of the instant Incheon land”).

In relation to the claim, a mortgage-backed contract was concluded with the content that “the maximum amount of the claim is KRW 500,000,000, which is currently set up as a security common to the Plaintiff’s obligations on bills, various loans, transaction obligations, guaranteed obligations, and all other obligations owed by the Plaintiff against the Defendant in the future (hereinafter “instant mortgage-backed contract”).” (hereinafter “instant mortgage-backed contract”).

(2) On May 2, 2016, the Plaintiff borrowed KRW 200,000,000 from the Defendant (hereinafter “the instant loan”), and on the same day, “the Plaintiff shall borrow KRW 200,000 from the Defendant and provide the Defendant with real estate equivalent thereto as collateral. The loan interest rate shall apply 1.5% per month by the method of paying interest on a monthly basis and shall be deposited into the Defendant’s passbook at the end of each month. The repayment period of the loan shall be April 30, 2017.” The Plaintiff prepared a loan certificate stating that “The repayment period of the loan shall be April 30, 2017.” The Plaintiff’s name and seal affixed to the Plaintiff’s name as indicated on the borrower’s column and delivered it to the Defendant.

(C) As to each of the instant real estate, the Plaintiff and the Plaintiff were the Defendant as the Defendant on May 2, 2016, with respect to each of the instant real estate under Articles 1 through 361 and 7293 of the Daegu District Court’s registration office, which received on May 2, 2016, the Daegu District Court’s registration office, which received on May 2, 2016, and received on May 3, 2016, under Article 7293 of the Incheon District Court’s registration office, with respect to each of the instant real estate, the maximum debt amount of KRW 500,000,000 from May 10, 2016 to the Defendant.