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(영문) 창원지방법원거창지원 2016.06.21 2015가단2121

근저당권말소

Text

1. The plaintiff A's main office shall be dismissed.

2. Defendant D shall provide each real estate listed in the separate sheet to Plaintiff (Counterclaim Defendant) B.

Reasons

1. Facts of recognition;

A. On May 17, 2012, Plaintiff A borrowed KRW 200,000,000 from Defendant C on July 15, 2012 at the rate of 36% per annum after the due date for payment and at the rate of 12,00,000,000, including the interest accrued.

(hereinafter referred to as “first loan agreement”). (b)

Plaintiff

B concluded a mortgage contract with Defendant C on May 17, 2012 in order to secure the Plaintiff’s loan obligation under the first loan contract (hereinafter “mortgage contract”). On May 18, 2012, the Defendant C completed the registration of creation of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with respect to each of the instant real estate (hereinafter “each of the instant real estate”), the maximum debt amount of which was KRW 200,000,000, and the debtor A and the Defendant C with Defendant C with respect to each of the instant real estate as indicated in the separate sheet.

C. On September 27, 2013, Defendant C loaned KRW 50,000,000 to Plaintiff B at interest rate of 24% per annum and on September 30, 2014.

(hereinafter referred to as “second loan agreement”) d.

On October 16, 2015, Defendant D received a provisional attachment order of KRW 150,000,000 (hereinafter “instant provisional attachment order”) with regard to the instant collateral security claims, which was issued by this court as to the claim amounting to KRW 2015Kadan10077, and completed the supplementary attachment registration of the instant collateral security claims on October 23, 2015.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1, 2, and 7 (including virtual numbers), the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. As to the legitimacy of the Plaintiff A’s principal lawsuit, the Plaintiff asserted that the secured debt of the instant right to collateral was extinguished by repayment, and sought implementation of the registration procedure for cancellation of the registration of cancellation of the establishment of the instant right to collateral security against Defendant C, and sought consent from Defendant D on the registration of cancellation of the establishment of the instant right to collateral security against Defendant C.

However, it is necessary for a person, other than a person entitled to make a registration, to seek cancellation of the establishment registration of a neighboring real estate.