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(영문) 인천지방법원 2018.02.07 2017가단32427
근저당설정등기말소
Text

1. The part of the plaintiff (Counterclaim defendant)'s claim for the confirmation of existence of the obligation among the conjunctive claims in the principal lawsuit shall be dismissed.

2...

Reasons

1. Facts of recognition;

A. On June 14, 2007, Plaintiff A: (a) concluded a mortgage agreement with Defendant (formerly named mutual savings bank) on the collateral of KRW 297,00,000,00 for D apartment Nos. 101 and 1306 (hereinafter “instant real estate”) located in Nam-gu Incheon Metropolitan City, Seoul (hereinafter “instant loan agreement”); (b) concluded a mortgage agreement with the expiration date of the extension period as of June 14, 2012 (hereinafter “instant loan agreement”); (c) concluded a mortgage agreement with the maximum debt amount of KRW 386,10,000 for the said real estate (hereinafter “instant mortgage agreement”); and (d) completed a mortgage establishment registration with the debtor as of the said real estate under Article 64977 of the Incheon District Court’s receipt on the same day.

B. Plaintiff B was the Plaintiff’s wife, and on May 25, 2012, the Defendant acquired the status of the obligor under the instant mortgage contract with the Defendant, and entered into a contract for the alteration of the right to collateral security (hereinafter “instant contract for alteration of collateral security”) with the Plaintiff A to establish the instant real estate as a mortgagee of the right to collateral security. As to the instant real estate, the Incheon District Court received the instant registration of alteration of the right to collateral security (hereinafter “the instant registration of alteration of collateral security”) with the Defendant as the Plaintiff B on the same day.

C. On June 14, 2012, Plaintiff B entered into a credit transaction agreement between the Defendant and the Defendant with the content that Plaintiff B bears the obligation of KRW 297,00,000 as the principal debtor, and that the expiry date of the credit period shall be June 14, 2017 (hereinafter “instant contract for acquisition of the instant contract”). Plaintiff A entered into a limited contract for guarantee of the joint and several liability for the said loan obligations within the scope of KRW 386,10,000 (hereinafter “instant joint and several liability agreement”). The damages rate for delay is less than three months per annum for less than 11% per annum, 1.5% per annum for less than three months and less than six months, and 12% per annum for more than six months.

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