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(영문) 대전지방법원 2020.08.27 2020가단103198
근저당권설정등기말소청구
Text

1. The Defendant received on December 19, 201 from the Suwon District Court for the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On December 16, 2011, the Plaintiff and the Defendant drafted a written agreement to establish the right to collateral security (hereinafter “instant primary agreement”) with the following content.

The obligee: The obligor: (a) the obligor has guaranteed the obligation to the Defendant when the obligor failed to pay the outstanding amount of 50,000,000 won for the D representative D D’s and D’s joint and several surety A (Plaintiff) with respect to the said amount; (b) the obligor has guaranteed the obligation to the Defendant; and (c) the obligor has promised to pay the outstanding amount on behalf of the obligor even when legal problems arise; and (b) the collateral security is terminated after the outstanding amount is fully paid upon the completion of the transaction.

On December 19, 2011, the Plaintiff and the Defendant drafted a mortgage-backed contract as follows at a certified judicial scrivener office, and subsequently attached the first contract agreement.

The indication of real estate: The person liable for registration as well as the person liable for registration as an obligor on December 19, 201: the Defendant: (a) the person liable for registration as a mortgagee on December 19, 201; (b) the person liable for registration as well as the person liable for registration as a mortgagee on December 19, 201, setting forth the maximum amount of debt as KRW 50,000 as follows,

C. On December 19, 2011, the Plaintiff completed the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) on the instant real estate to the Defendant.

The Plaintiff and the Defendant drafted a written agreement to establish the right to collateral security (hereinafter “instant secondary agreement”) with the following terms and conditions:

The defendant : the plaintiff - the person who created the right to collateral security and the joint and several sureties A (the plaintiff) have failed to pay the outstanding amount of 50,000,000 won to the defendant, the defendant has guaranteed the obligation and promised to pay the outstanding amount on behalf of the debtor when legal problems arise.

On November 27, 2019, the defendant paid 56,432,650 won to the plaintiff's "the defendant's claim against D".

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