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(영문) 수원지방법원 2017.11.02 2017가단509993
근저당권설정등기말소
Text

1. The Defendant shall pay KRW 150,982,025 from the Plaintiff and KRW 129,430,629 from the Plaintiff to the date of full payment.

Reasons

1. Basic facts

A. From May 14, 2004, the Plaintiff borrowed KRW 50,000,000 from the Defendant on September 10, 2009, and completed on September 11, 2009, the registration of the establishment of a neighboring mortgage with regard to the Defendant’s forest land of 3,305 square meters (hereinafter “instant real estate”) with the maximum debt amount of 65,00,000,000 won, the Plaintiff and the mortgagee as the Defendant.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). B.

In the course of monetary transaction with the Defendant, the Plaintiff created the following collateral security in addition to the establishment registration of the instant collateral security.

1) On September 23, 2009, the Plaintiff completed the registration of establishment of a collateral security on the land and building located in Yeonsu-gu Incheon, Incheon, with the maximum debt amount of 169,000,000,000 won for the Plaintiff and the mortgagee as the Defendant. On October 7, 2009, the Plaintiff completed the registration of establishment of a collateral security on the basis of the maximum debt amount of 91,00,000,000 won for the Plaintiff and the mortgagee as the Defendant, and on September 27, 2010, revoked the registration of establishment of a collateral security on December 30, 201, the Plaintiff completed the registration of establishment of the collateral security on March 11, 201, with the debtor and the mortgagee as the Defendant, and completed the registration of establishment of the collateral security on March 20, 200, the debtor and the obligor under the name of the Plaintiff as the Defendant, and the maximum debt amount of 20,000,200,200,20 of Incheon Dong-dong building under the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 10, 11, and 12, the purport of the whole pleadings

2. The parties' assertion

A. From May 14, 2004 to April 4, 2013, the Plaintiff borrowed a total of KRW 400,860,000 from the Defendant at 12% per annum, and repaid a total of KRW 489,132,00 from January 19, 2018 to September 14, 2015, and all of the obligations owed to the Defendant were extinguished as a result of satisfaction of performance.

(Plaintiff’s preparatory brief dated June 27, 2017). Accordingly, the secured debt of the instant right to collateral security has been extinguished as repayment.

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