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(영문) 서울서부지방법원 2016.01.12 2014가단30875
근저당권설정등기말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is the wife of C, and the plaintiff is the shot of C, and is the defendant's kynasty.

B. C borrowed money several times from the Defendant while carrying out a business of newly constructing and selling the instant 1 real estate loan (hereinafter “instant loan”) and thereafter, upon completion of the instant loan loan, C intended to transfer the loan to the Defendant as payment in kind.

C. On November 29, 2014, with respect to each of the instant real property, the registration of the Seoul Western District Court and its receipt, KRW 100 million of the maximum debt amount, KRW 57071,00,000,000,000,000,000,000,0000,000,000

Meanwhile, the Plaintiff completed the registration of transfer of ownership on August 24, 2005, No. 45484, which was received on August 24, 2005, with respect to 201 of the Loan of this case, to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings

2. Determination

A. 1) The Plaintiff asserted that the secured debt of this case was the obligation to transfer the ownership of the loan of this case while the secured debt of this case was the obligation to transfer the ownership of the loan of this case. As seen earlier, the secured debt of this case was extinguished due to payment in kind, and therefore, the registration of the establishment of the mortgage of this case should be cancelled. 2) Accordingly, the Plaintiff and C have completed the registration of the establishment of the mortgage of this case as to the loan of this case 201, and thereafter, the Defendant created the secured debt of this case as the secured debt of this case. Since D applied for a voluntary auction by the mortgagee, and the Defendant did not acquire the complete ownership of the above loan of this case, it cannot be deemed that the secured debt of this case was extinguished.

B. We examine the judgment.

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