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(영문) 의정부지방법원 2020.06.09 2018가단123239
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 20, 201, the Plaintiff concluded a mortgage agreement with the Defendant on June 20, 201 with regard to the real estate stated in the separate sheet (hereinafter “instant real estate”) in order to borrow money from the Defendant and secure the debt of the borrowed amount (hereinafter “loan”). On the same day, the Plaintiff completed the registration of creation of a collateral (hereinafter “registration of creation of a collateral”) with regard to the instant real estate with a maximum debt amount of KRW 1,00,000,000, on the same day.

B. On October 8, 2013, the Plaintiff’s representative C pastor agreed with the Defendant as follows (hereinafter “instant agreement”).

D CB E E E B E F C B C [Grounds for Recognition] without dispute, entry in Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff registered the establishment of the instant mortgage on the instant loan loan, but upon the failure to repay the loan, the Plaintiff would pay 300 U.S. certificate to the Defendant as payment in lieu of the loan. The Plaintiff provided 300 U.S. certificate of ex officio ex officio and the certificate of right to use permanent loan to the Defendant.

As the Plaintiff provided the above custody certificate to the Defendant, the Plaintiff provided the obligee of the above custody with the custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of custody of the custody of custody

Therefore, the secured debt of the establishment registration of the neighboring mortgage of this case shall be deemed to have been paid in kind by the plaintiff to the defendant by providing 300 days of the above provisional attachment certificate to the defendant, and the defendant is obligated to cancel the registration of the establishment of the

B. As to the Plaintiff’s assertion of payment in substitutes, the Defendant’s offering of the above custody certificate by the instant agreement is not for payment in substitutes, but for security.

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