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(영문) 대전지방법원 2017.08.09 2015가단12328

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. On September 6, 2007, the Defendant’s mother, at the request of D, who is the father of the Plaintiff, set up a right to collateral security with respect to the Plaintiff’s one-fourth share among E forest owned by the Plaintiff as collateral, C, the debtor as F, the maximum debt amount of which is KRW 150 million, and D, set up a right to collateral security with a maximum debt amount of KRW 60 million on September 13, 2007 and KRW 15 million on October 29, 2007, with a loan period of KRW 1 year and 6% on September 29, 2007 and interest rate of KRW 2% on October 29, 2007. The F jointly and severally guaranteed each of the above loan obligations.

B. On May 29, 2008, G, the father of D and the defendant, drafted a lease agreement with the lessee I (D) in relation to H apartment 114 Dong 406, Seo-gu, Daejeon, Seo-gu, Daejeon, with a deposit amount of KRW 25 million, lessee J (D's wife), and deposit amount of KRW 34 million, respectively.

C. In addition to the above collateral security on October 27, 2008, the Plaintiff created a joint collateral security on the instant real estate owned by the Plaintiff, stating that C, debtor F, and maximum debt amount shall be KRW 150 million, with respect to the instant real estate, as stated in the purport of the claim (hereinafter “instant joint collateral security”). D entrusted D with the procedure for filing an application for the registration of the establishment of the said additional collateral security as a legal representative and C, and kept D with respect to the registration certificate.

C and D repaid the loan of KRW 29 million among the loan principal amounting to KRW 75 million on December 8, 2009, with interest rate of KRW 18 million, and KRW 11 million as the principal, set forth a loan certificate for KRW 64 million as the interest rate per month and the statutory maximum interest payment at the time of the default, and D paid KRW 29 million to C on December 10, 2009. Accordingly, C and D set up a collateral security interest for the above E-owned real estate with the maximum debt amount of KRW 30 million on December 3, 2009 and set up the loan certificate for KRW 64 million as the interest rate per month, and D paid KRW 29 million as the maximum debt amount for the existing real estate on December 8, 2009. < Amended by Act No. 9807, Dec. 3, 2009>