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(영문) 의정부지방법원고양지원 2020.01.17 2019가단4109
저당권채무부존재확인
Text

1. In relation to the real estate stated in the attached list, the District Court, the High Court, the High Military Court, the High Military Branch, the Jeju Branch, and the Office of Registry of July 8, 2016.

Reasons

The facts are as follows: (a) on May 6, 2015, the preparation of the instant payment memorandum and the establishment of a right to collateral security C made a joint and several payment note to the Defendant, who operates D Co., Ltd. (hereinafter “D”) on May 6, 2015, stating that “D shall pay 100 million won of the price of goods (cosmetic) to D as of the end of May 2015.” (hereinafter “the payment note as of May 6, 2015”) at the time of default on payment, F made a joint and several payment note to the Defendant on the said payment note; (b) around July 2016, the Plaintiff agreed to make a joint and several payment note to pay KRW 200,000,000 each month to the Defendant by the end of February 1, 2016 (hereinafter “the payment note as of March 20, 2016”).

(2) On July 8, 2016, the Plaintiff and the Defendant entered into a mortgage agreement with regard to real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”). Accordingly, on the same day, the Plaintiff concluded a mortgage agreement with regard to the instant real estate on the basis of the aforementioned mortgage agreement, with the Jung-gu District Court, Yangyang-gu District Court, the registration office, and the registry office, which received on July 8, 2016, with respect to the instant real estate, KRW 200,000,000,000 on the maximum debt amount, and the Plaintiff and the mortgagee registered the establishment of a mortgage (hereinafter “mortgage”) with respect to the instant real estate as the Defendant.

On December 22, 2016, the Plaintiff filed a lawsuit against the Defendant claiming the cancellation of the registration of the establishment of the instant neighboring mortgage (this Court Decision 2016Da92822), and this Court on January 22, 2018.

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