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(영문) 광주지방법원목포지원 2017.08.30 2017가단764
근저당권말소
Text

1. As to each real estate listed in the separate sheet:

A. The contract to establish a mortgage between the Defendant and B, which was concluded on June 9, 2016.

Reasons

1. Facts of recognition;

A. On August 22, 2013, the Plaintiff entered into a contract to provide loans of KRW 30,000,000, by stipulating that the repayment date shall be repaid on August 22, 2016, and KRW 833,000 per month shall be repaid in installments, and the payment shall be made in addition to the compensation for delay determined by the Plaintiff, if the Plaintiff fails to perform his/her obligation at the expiration of the period or loses the benefit of the period, respectively.

(hereinafter referred to as "the above loan contract of this case"). B.

B on August 22, 2013, pursuant to the loan agreement of this case, the principal and interest of the loan owed to the Plaintiff by the land price was jointly and severally guaranteed.

(hereinafter referred to as "joint and several guarantee contract of this case").

Since May 10, 2016, due to the Plaintiff’s failure to pay interest under the loan agreement, the Plaintiff lost the benefit of time as stipulated in the loan agreement of this case. On December 18, 2016, the Plaintiff urged to pay the principal amount of KRW 3,583,529 under the loan agreement of this case (i.e., principal amount of KRW 3,332,000 interest in interest of KRW 251,529).

B On June 9, 2016, between the Defendant and the debtor, the debtor B, the mortgagee, the defendant with a maximum debt amount of 50,000,000 won, respectively, and entered into a contract with the defendant to set up the right to collateral security (hereinafter referred to as the "right to collateral security") as to each of the immovables listed in the attached Table (hereinafter referred to as "each of the instant immovables"), and on the same day, the registration of establishment of the right to collateral security was completed for the defendant on the same day.

E. Meanwhile, at the time of entering into the instant mortgage contract, the establishment registration was completed on January 25, 2005, with the obligor C, the mortgagee’s credit union, the maximum debt amount of KRW 21,000,000 on each of the instant real estate.

F. B, at the time of entering into the instant mortgage contract, owned each of the instant real estate and the instant roads and E roads respectively, and the value of each of the said real estate was KRW 28,124,600 in total.

On the other hand, B is based on the joint and several guarantee contract of the plaintiff.

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