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(영문) 서울중앙지방법원 2020.05.07 2019가단5243393

근저당권말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As of April 24, 2015, the written agreement between the Defendant and C (hereinafter “instant agreement”) was prepared, and the content thereof is as follows:

(B) at the following time, “A” shall be paid to “A”, “B” shall be paid to “A”, “C”, “B”, and “B” shall be paid as KRW 700 million (including KRW 100,000,000,000,000) in order to compensate for all damages arising from Company D and A in connection with the operation of Company D.

2. In order to secure the payment of KRW 70 million, Eul and Eul's wife Eul set up a mortgage to secure the claim of KRW 700 million for the attached property owned by Eul and Eul with the claim of KRW 700 million for the agreed amount. The real property of Eul shall set up a mortgage to secure the claim of KRW 200 million out of the agreed amount of KRW 700 million, and the real property of Eul's wife A shall set up a mortgage to secure the claim of KRW 500 million out of the agreed amount of KRW 700 million.

3. The repayment period of the agreed amount shall be determined immediately after the request of A to repay and it shall be deemed that there is no agreement with the due date.

4. The interest on the agreed amount shall be paid at the time of a request for repayment by A, ten percent per annum from that time;

B. In accordance with the instant agreement, the Plaintiff completed on May 7, 2015, the registration of the establishment of a mortgage (hereinafter “mortgage”) with respect to the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) on the following: (a) the mortgagee, the maximum debt amount; and (b) the establishment of a mortgage (hereinafter “registration of the instant mortgage”); and (c) the debtor, the Plaintiff.

C. At the Defendant’s request, this Court E voluntarily held auction procedure regarding the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1 to 4, Eul evidence 4-6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion C drafted the instant agreement to the Defendant, but was in fact.