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(영문) 수원지방법원 2014.12.18 2014나25044

근저당권설정말소등기이행

Text

1. Revocation of a judgment of the first instance;

2. Of the instant lawsuits, 11,033/12,364 shares among the real estate listed in paragraph 1 of the attached Table among the instant lawsuits.

Reasons

1. Basic facts

A. On January 19, 2010, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the attached Tables 2 and 364 shares of 1,331/12,364 square meters among forest land C, Gyeonggi-gun, Gyeonggi-do, and each real estate stated in the attached Tables 2 and 3.

B. On December 31, 2009, the Defendant agreed to provide the Plaintiff with 30 million won interest per month and 400 million won per three months after the due date for payment as security, and paid the Plaintiff KRW 337 million after deducting advance interest, expenses, etc. from the amount of KRW 400 million (hereinafter “the first loan”) with a receipt that the Plaintiff received KRW 400 million, which is the borrowed principal under the agreement, from the Plaintiff, on January 19, 2010. On each of the real estate stated in the Gyeonggi-gu Busan District Court’s Schedule C12,331/12,364 square meters, and list 2,364 square meters, and list 2,400,000 won, the Defendant received the registration of creation of a mortgage as the maximum amount of debt on each of the real estate stated in the attached list 1,331/12,364 square meters, and the list 1,190,010.

Meanwhile, following the completion of the registration of the establishment of neighboring areas, C Forest land 12,364 square meters was divided into real estate listed in attached Table No. 1 and H forest forest land 506 square meters on February 14, 2012, and H forest land 506 square meters was registered as 604 square meters on February 14, 2012.

(2) Of the real estate listed in the separate sheet No. 1, the real estate indicated in paragraphs (1) and (3) of the same list as the 1,331/12,364 shares and the real estate indicated in the separate sheet No. 2 and (3) of the same list shall be referred to as “the instant real estate”; and the registration of establishment of a neighboring establishment in the Defendant’s name, which was completed on January 19, 2010 by the Suwon District Court Yangyang-si Office of Registration, which was completed

In other words, the defendant extended KRW 250 million to the plaintiff on October 4, 2010, and on November 2, 2010, "the plaintiff between the plaintiff and the plaintiff on November 2, 2010, deducted KRW 250 million already received in borrowing KRW 400 million from the defendant, and deducted KRW 60 million, which is 10% of the fee, and paid 1.5% of the interest per month from August 2010 to 1.5% in addition, when principal is repaid.