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(영문) 창원지방법원 2014.09.19 2014가단9444

근저당권말소 청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Loan and Guarantee 1) The Plaintiff’s wife B is the Plaintiff’s building on July 8, 2010, the C 340.7 square meters of the window of Changwon-si, Changwon-si, the Defendant owned on its own (hereinafter “B-owned real estate”).

As to the obligor B and the maximum debt amount of KRW 780,000,000 (hereinafter “the first loan”) were created and the Defendant loaned KRW 600,000,000 from the Defendant.

(2) On July 19, 2010, B and the Plaintiff (the husband prior to the opening of a name), who is the Plaintiff, was a joint collateral of the obligor B, the scope of the secured debt, comprehensive collateral security, and maximum debt amount of KRW 240,500,000, respectively (hereinafter referred to as the “instant collateral security”) and was granted a loan of KRW 20,00,000 from the Defendant (hereinafter referred to as the “second collateral security”) with the Defendant as the joint collateral, and the Plaintiff jointly and severally guaranteed the said loan obligation to the Defendant.

3) On February 28, 2011, B and the Plaintiff again created the right to collateral security of KRW 13,000 with the scope of the obligor B, the secured debt, the maximum debt amount, and the maximum debt amount, KRW 13,00,000, as joint collateral, with the Defendant’s property and the instant real property owned by B as joint collateral (hereinafter “instant collateral security”).

(4) On April 14, 2011, B obtained a loan of KRW 20,000,000 from the Defendant (hereinafter “third loan”), and on the same day, E and his/her father and wife jointly and severally guaranteed the Defendant’s obligation of the said loan.

5) B and the Plaintiff, with regard to the instant real estate owned by the Defendant as joint collateral, as to the instant real estate, each of the collective collateral worth KRW 45,500,000 for the scope of the obligor B and the secured debt, the scope of the secured debt, the maximum debt amount, and the maximum debt amount, on April 27, 2011 (hereinafter referred to as the “instant collective collateral security”).

on June 30, 201, the comprehensive collateral security of debtor B and secured debt;