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(영문) 인천지방법원 2014.06.24 2012가합9801
근저당권말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff borrowed money from the Defendants as the owner of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and set up each of the instant collateral claims (hereinafter “each of the instant collateral claims”) against the Defendants as security.

B. On June 2005, the Plaintiff first borrowed 400 million won from the Defendants as 3% per interest month, and subsequently, borrowed money several times until March 2007 and repaid part of the borrowed money.

The Plaintiff entered into each contract to establish a mortgage for the purpose of securing the Plaintiff’s above loan obligation, and completed each registration of establishment of a mortgage between Defendant B (320 million won in the maximum amount of credit), Defendant C (160 million won in the maximum amount of credit), Defendant D (160 million won in the maximum amount of credit), and Defendant D (160 million won in the maximum amount of credit), under the Act No. 59271 on July 13, 2005, under the Act No. 59271, which was received on June 13, 2005, with respect to each of the real estate of this case, the Plaintiff completed each registration of establishment of a mortgage with respect to each of the real estate of this case as the Defendant C (50 million won in the maximum amount of credit), Defendant E (150 million won in the maximum amount of credit), Defendant B (75 million won in the maximum amount of credit) and Defendant B (75 million won in the maximum amount of credit).

The registration of establishment of a neighboring mortgage-based Defendant C, which was completed on July 13, 2005 by the Incheon District Court, North Incheon District Court, North Incheon District Court, its registry office, and completed on July 13, 2005, was cancelled on November 23, 2006 on December 4, 2006.

C. On May 4, 2012, Defendant B filed an application for an auction with the amount of KRW 75 million for each of the instant real estate based on the right to collateral security in the name of the principal, which was completed on July 13, 2005 by the Incheon District Court, North Incheon District Court, Incheon District Court (hereinafter “Seoul District Court”) and completed on July 13, 2005.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 through 5 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion Defendants’ secured debt of each of the instant mortgages does not exist due to repayment.

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