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(영문) 인천지방법원 2017.06.14 2016가단42670
근저당권설정등기말소등기절차이행
Text

1. As to the real estate stated in the attached list to the Plaintiff, Defendant B Co., Ltd., the registration office of the Incheon District Court on July 2008.

Reasons

1. Claim against Defendant B

A. Since the secured debt of the instant registration of collateral security was fully satisfied and extinguished, Defendant B (hereinafter “Defendant Company”) is obligated to cancel the instant registration of collateral security to the Plaintiff.

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act deeming that the confession is made;

2. Claim against the remaining Defendants

A. In fact, on July 22, 2008, the Plaintiff completed the registration of the instant right to collateral security at KRW 100 million with respect to the said real estate as the owner of the real estate indicated in the attached list, and on July 22, 2008.

The defendant Incheon Metropolitan City completed the registration of seizure of the right to collateral security of the defendant company as to the right to collateral security of this case on April 5, 2010; on October 25, 2012; and on August 11, 2016, respectively.

[Reasons for Recognition] No. 1, the purport of the whole argument

B. The Plaintiff’s claim on the secured debt of the instant right to collateral security was KRW 72,00,000, which the Defendant Company owned against C Co., Ltd. (hereinafter “C”).

Since then, C offseted the same amount as 37,00,000 won for soil and sand transport expenses that it had against the Defendant Company. On November 7, 2008, C transferred a dump truck (which is equivalent to 35,000,000 won) owned by C to the Defendant Company, the said secured debt was fully repaid and extinguished.

Therefore, the registration of the right to collateral security in this case shall be cancelled, and the remaining defendants who have an interest in this case have a duty to express their consent to the registration of cancellation.

C. First of all, Defendant Nam-gu, Incheon Metropolitan City’s judgment 1 ought to be prior to the lawsuit on the termination of the obligation between the Plaintiff and the Defendant Company, and the instant lawsuit brought without such procedures ought to be dismissed.

However, the plaintiff's claim against the defendant company for cancellation of the registration of collateral security and the remaining defendants are registered as collateral security.

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