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(영문) 전주지방법원 2018.06.15 2017가단13139
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. Before August 29, 2011, the Plaintiff borrowed KRW 50 million from Nonparty C.

B. On August 29, 201, the Plaintiff assumed the Defendant’s obligation of KRW 50 million with respect to C, and concluded a collateral security contract (hereinafter “mortgage contract of this case”) with respect to each real estate indicated in the attached Table 1 list owned by the Plaintiff, with a period of repayment of KRW 150 million with the Defendant on November 29, 2011 (the Plaintiff’s obligation to the Defendant is KRW 200 million with respect to the Defendant’s obligation to the Defendant; hereinafter “the debt to the Defendant”) as to each real estate indicated in the attached Table 1 list owned by the Plaintiff.

C. On August 30, 2011, the Plaintiff received KRW 150,000,000 from the Defendant for a loan, and registered the establishment of a collateral security agreement with regard to each real estate listed in the separate sheet as indicated in the separate sheet No. 76923, the Daegu District Court received on August 30, 2011, on the ground of the instant contract to establish a collateral security (hereinafter “mortgage”) with regard to each real estate indicated in the separate sheet No. 76923, Apr. 30, 201.

On January 22, 2015, the Defendant received KRW 200 million from the Plaintiff, and completed registration of cancellation on January 22, 2015 with respect to the registration of the establishment of the neighboring real estate No. 1 (hereinafter referred to as “D real estate”) established by the sequence No. 1 listed in the attached Table 1.

E. Meanwhile, real estate No. 2 listed in the separate sheet No. 2 is real estate No. 4,5, and 6 listed in the separate sheet No. 2, and real estate No. 3 listed in the separate sheet No. 1 was divided into real estate No. 1 and 2 listed in the separate sheet No. 2, and each real estate listed in the separate sheet No. 2 listed in the separate sheet No. 2 (hereinafter “each real estate of this case”) was not cancelled.

F. On January 9, 2008, the Plaintiff paid KRW 37,775,342 to the Defendant on January 22, 2015, with the Jeonju District Court Decision 2018No.74, Jan. 22, 2015, and the remaining principal amount.

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