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(영문) 서울중앙지방법원 2015.12.28 2014가합552650
근저당권말소
Text

1. Defendant B and C shall list the Plaintiff’s attached real estate list

1. The Suwon District Court shall be two-dimensional registers offices with respect to each land mentioned therein; and

Reasons

1. Basic facts

A. The Defendant C, who is engaged in a credit business, is a total of KRW 100 million on September 2, 2009, including KRW 50 million and KRW 50 million on September 3, 2009, and KRW 100 million on September 3, 2009 (hereinafter “first loan”).

(2) On September 2, 2009, the registration of creation of a mortgage was completed on September 2, 2009 with respect to the Plaintiff, the mortgagee, the Defendant, the mortgagee, and the maximum debt amount of KRW 150 million.

B. Defendant C received KRW 150 million from Defendant B, and Defendant C received KRW 30 million on October 26, 2009, including KRW 30 million on October 29, 2009 and KRW 150 million on October 29, 2009 (hereinafter “the second loan”).

(A) make payments under the same conditions as the above paragraph (1).

2 List of Attached Real Estate owned by the Plaintiff

1. On October 27, 2009, the registration of creation of a neighboring mortgage as stated in paragraph (1) of this Article (hereinafter “registration of establishment of a neighboring mortgage on the first neighboring land”) was completed on October 27, 2009 with regard to each of the land indicated above.

Plaintiff

With respect to the L, M, and N land owned by Hongcheon-gun J, K, and Gangwon-do, each debtor, the mortgagee B, C, and the maximum debt amount of KRW 300 million was completed on the same day.

C. Defendant C received a certain amount from O, KRW 100 million from Defendant E, and Defendant C received a KRW 51,247,000 (hereinafter “third-party loan”) on January 29, 2010, KRW 50 million on February 3, 2010, KRW 91,247,000 on February 91, 201, and KRW 151,247,00 (hereinafter “third-party loan”).

(A) make payments under the same conditions as the above paragraph (1).

2) On January 29, 2010 regarding the land indicated in the list 2.1 of the attached Table 2.1 of the real estate owned by the Plaintiff, the Plaintiff, the mortgagee of the right to collateral security, the maximum debt amount of KRW 195 million, and ② the Plaintiff, the mortgagee, the Defendant E, and the maximum debt amount of KRW 150 million.

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