logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.01.23 2018가단207815
근저당권설정등기말소
Text

1. The defendant shall pay C 35,00,000 won and 2% per month from April 23, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant loaned C the sum of KRW 35,000,000,000 on May 16, 2012 and KRW 35,000,000 on May 29, 2012 (hereinafter “instant loan”). The interest rate on the instant loan is 2.5% from July 2012 to September 2013 (=875,000 won), from October 2013 to December 2016, 2017.

(The plaintiff denies the interest agreement itself, but it is reasonable to view that there exists the interest agreement as followed).

On May 16, 2012, the Defendant completed the registration of creation of a mortgage over KRW 18,000,000 for the real estate listed in the separate sheet (hereinafter “instant real estate”) with the secured obligation as the secured obligation. On May 16, 2012, the Defendant completed the registration of establishment of a mortgage over KRW 20,000 for the instant real estate with the maximum debt amount of KRW 31,50,000,000 as the secured obligation.

C. On May 28, 2013, when the ownership of the instant real estate was transferred from D, the Plaintiff’s birth, to the Plaintiff, the Defendant cancelled the existing collateral in order to enable the Plaintiff to obtain a loan from E Bank. On June 4, 2013, the Defendant completed the registration of creation of a neighboring mortgage of KRW 52,500,000 with respect to the instant loan KRW 35,000,000 (hereinafter “the registration of creation of a neighboring mortgage”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s mother’s assertion: (a) paid the Defendant’s wife F a total of KRW 43,205,00 (i.e., KRW 22,685,00 by account transfer + Cash of KRW 20,520,000; and (b) repaid the amount exceeding KRW 35,00,000, which is the secured debt of the instant right to collateral security; and (c) accordingly, the entire secured debt was extinguished by repayment.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the registration of the establishment of the neighboring mortgage of this case to the plaintiff.

B. The defendant's summary of the defendant's assertion is cash from the plaintiff.

arrow