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(영문) 대전지방법원 2016.08.25 2015가단38719
근저당권말소
Text

1. The defendant is Daejeon District Court for each real estate listed in the attached list 1 and 2 to the plaintiff corporation A.

Reasons

1. Facts of recognition;

A. The Defendant is a mortgagee of the establishment of a new mortgage on each real estate listed in the separate sheet Nos. 1 and 2 as Daejeon District Court and No. 13859, Dec. 24, 2014, and as to each real estate listed in the separate sheet No. 3 and 4, the registration of Daejeon District Court and the registration of Daejeon District Court as to each real estate listed in the separate sheet No. 3841, Jan. 14, 2015, respectively.

B. The establishment registration of the above neighboring mortgage by the Defendant is set out as joint collateral in the attached list 1, 2, 3, and 4, and the maximum debt amount is KRW 85 million.

C. The Plaintiff Company A is the owner of the real estate in [Attachment 1, 2, and 3], and the Plaintiff B is the owner of the real estate in [Attachment 4].

On April 16, 2015, the Plaintiffs deposited KRW 85 million with Daejeon District Court Decision 1860,000,000,000 in order to repay the Defendant’s obligation to be secured by collateral security.

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

2. According to the facts of the above recognition, since the secured debt of the defendant's right to collateral security was all extinguished due to the repayment by the plaintiffs, the registration of establishment of each of the above secured debt of the defendant should be cancelled

3. In conclusion, the plaintiffs' claim of this case is justified.

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