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Reasons
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(영문) 춘천지방법원강릉지원 2015.10.06 2014나1871
근저당권말소등기등
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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On October 8, 1999, E borrowed KRW 150,00,00 from the Defendants as interest rate of 1.5% and on October 8, 2001 (hereinafter “the first loan”). On October 11, 1999, “F,” the mother of E, as a security therefor, borrowed each land indicated in the separate sheet (hereinafter “each land of this case”) owned by the Defendants, and individually named, “the first land of this case” and “the second land of this case” according to the separate order of the above list) registered the establishment of mortgage (hereinafter “the establishment of mortgage of this case”) on each neighboring land indicated in the purport of the claim regarding the mortgage registration (hereinafter “mortgage of this case”) (hereinafter “mortgage of this case”) and the mortgage of this case was completed.

B. Since April 19, 2002, E borrowed KRW 100,000 from the Defendants as interest rate of 1.5%, due date of payment on September 20, 2002 (hereinafter “the instant second loan”), and entered into an agreement with the Defendants on April 19, 2002 and April 30, 2002 as follows.

- The following arrangements are made in borrowing KRW 100,00,000 per gold day from Defendant B, in the agreement of April 19, 2002 (Evidence B(Evidence B(3) - The debtor F(Agent G).

1. Principal shall be repaid not later than September 20, 202;

2. Interest shall be paid at the rate of one percent per month, and it shall be paid simultaneously with the repayment of principal;

3. The debtor shall effect that the land Nos. 2 and 3 of this case has been registered with the defendant B to secure his obligation for the above period, and if each land is sold to a third party even before the principal payment date, the defendant B shall immediately cancel the provisional registration.

- Written Agreement of April 30, 2002 (Evidence 2) -

0. Indication of real estate; and

1. Gosung-gun H 500 square meters ( approximately 151.25 square meters);

2. Land owned by Gosung-gun I for a size of at least 500 square meters ( approximately 151.25 square meters);

3. The amount.

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