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(영문) 부산지방법원서부지원 2020.08.27 2019가단101944
근저당권말소
Text

1. As to the Plaintiff’s share of 103.1478 percent of the Plaintiff’s real estate stated in the attached list.

Reasons

1. Basic facts

A. The Plaintiff is an owner of 103.1478 shares among the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”), and the Defendant is a mortgagee of the right to collateral security as to the said shares in the Plaintiff’s form.

B. 1) Around 1993, the Plaintiff acquired shares of 995/350 of 3,540 square meters in Gangseo-gu Busan Metropolitan City, Busan Metropolitan City, 3,540 square meters, and the said land was divided into 1,652 square meters in C, 462 square meters in D, 462 square meters in E, 1,030 square meters in size (the instant real estate), and 396 square meters in F, and on May 11, 1998, the instant real estate was jointly owned by the Plaintiff and G (59/1030 in Plaintiff’s share, 431/10 in G, and below, the Plaintiff’s share in the instant real estate is “the instant Plaintiff’s share.”

(2) Around 191, the Plaintiff borrowed KRW 21 million from the Defendant as a business fund for the business of operating high water business. The Plaintiff borrowed KRW 21 million from the Plaintiff.

(B) On June 25, 1998, the Plaintiff registered the creation of a new mortgage on the Plaintiff’s portion of the instant real estate as the maximum debt amount of KRW 21 million under the Busan District Court’s 91.41 to secure the Defendant’s debt of the instant loan (hereinafter “the instant loan”). On January 12, 2005, the Plaintiff registered the creation of a new mortgage on the Plaintiff’s portion of the instant real estate as the maximum debt amount of KRW 50 million under the Busan District Court’s 539, which determined the maximum debt amount as the maximum debt amount of KRW 50 million with respect to the Plaintiff’s portion of the instant loan.

(B) On January 12, 2005, 2005, the Plaintiff issued a written confirmation to the Defendant that the Plaintiff paid KRW 150,000,000 per year in borrowing from March 1996 the Defendant’s land, and that the Plaintiff paid KRW 150,000 per year in borrowing from March 196.

C. On October 12, 2017, the Plaintiff’s certificate of personal seal impression for sale is necessary for the registration of ownership transfer on part of the Plaintiff’s share in the instant real estate.

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