beta
(영문) 춘천지방법원 2015.01.28 2014가단31304

근저당권말소

Text

1. The Defendant: (a) on June 2006, 2006 with respect to one-half share of each of the land of 1,091 square meters and D miscellaneous land 2,792 square meters to the Plaintiff.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole together with the purport of the entire pleadings set out in Gap evidence Nos. 2, 3, 7, 8, and 9 (including each number):

On December 27, 2005, the Plaintiff purchased 1/2 shares of 1,091 square meters and 2,792 square meters in each of the instant land (hereinafter “each of the instant land”) from E, and completed the registration of ownership transfer for 1/2 shares in each of the instant land on December 28, 2005.

B. On February 28, 2006, the Plaintiff obtained a loan of KRW 500 million under the Plaintiff’s name (hereinafter “instant loan”) from Han Bank Co., Ltd. (hereinafter “I Bank”), and on the same day, the registration of creation of collateral security (hereinafter “instant collateral security”) with respect to each of the instant lands (including E’s share) with respect to the whole land of the instant case as the mortgagee, Han Bank, the obligor, and the maximum debt amount of KRW 650 million was completed.

C. On August 18, 2008, E completed the registration of ownership transfer on the ground of sale as of August 11, 2008, in F.D.

On the other hand, G, H, I, and J owned K, L, M, and N land in Chuncheon-si in Gangwon-do, and ② F owned O, P, Q land in Chuncheon-si in addition to the shares of 1/2 of each of the instant lands, and ③ R, the births of F, respectively, owns human resources, T, U, V, W, X, Y, Z, AB, AC, and AD land in Gangwon-do.

E. On February 28, 2006, R completed the registration of creation of a neighboring mortgage, which is a single bank, with respect to each land of the above AE, the maximum debt amount of KRW 130 million and the mortgage-mortgage amount of KRW 100 million.

F. Meanwhile, G, H, I, J, F, and R are the Defendant on December 31, 2008, including F’s 1/2 of each of the instant land.

As to the whole land of the claim, the establishment registration of the neighboring mortgage with the debtor J, the mortgagee of the right to collateral security, the maximum debt amount of 8.6 billion won was completed.

G. The Defendant, on June 11, 2010, included F’s shares in each of the instant land as the Chuncheon District Court AF upon the registration of the establishment of the neighboring land under the aforesaid paragraph.