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(영문) 수원지방법원평택지원 2014.04.15 2013가단9067
근저당권말소등기
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 51.5 million from the Plaintiff and its related thereto on October 5, 2011.

Reasons

1. Basic facts

A. On August 14, 2009, the Plaintiff borrowed KRW 130 million from C with interest rate of KRW 30 million on August 14, 2009 and due date of repayment on August 14, 2010. (2) The Plaintiff set up a collateral security right of KRW 170 million with respect to the instant real estate as the collateral for the foregoing loan (hereinafter “the instant loan”). As the Songan registry office received on August 14, 2009, the Plaintiff and the creditor set up a collateral security right of KRW 2435 million with respect to the instant real estate as B, the mother of C, with the maximum debt amount of KRW 170 million.

B. On July 28, 2011, registration of cancellation was completed with No. 23855 on the same day on the ground of cancellation on July 28, 2011 with respect to the right to collateral security stated in the foregoing paragraph (A)-2.

2) On the other hand, on July 28, 201, when the aforementioned right to collateral security was cancelled, the right to collateral security was established in the amount of KRW 680,250,000,000 for the debtor and creditor as the plaintiff and creditor, with respect to the instant real estate. (C) The creation and transfer of the instant right to collateral security was set up on October 5, 201, as Songtan registry office received on October 5, 201, with respect to the instant real estate, the debtor and creditor set up the instant right to collateral security of KRW 100,000,00

2) Furthermore, on April 24, 2013, on the registration of the creation of the instant right to collateral security, the registration of the establishment of the instant right to collateral security was completed with an additional registration to transfer the right to collateral security to the Defendant as the receipt No. 11549 on April 25, 2013. D. Another loan and the Plaintiff’s repayment details 1) around March 31, 2010, the Plaintiff prepared and issued to C a certificate of loan to the effect that the Plaintiff would repay KRW 10 million to C by June 31, 2010.

2) On May 15, 201, the Plaintiff transferred KRW 1.5 million to C’s account; KRW 7 million to C’s account on June 29, 2011; and KRW 80 million to D’s account on July 29, 2011, respectively. 【Ground for recognition” in the absence of any dispute, Party A’s evidence Nos. 1 through 4, 6, 9, and Party B’s evidence Nos. 1 through 4 (including serial numbers), and the purport of the entire pleadings.

2. The parties' assertion

A. The plaintiff.

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