(영문) 의정부지방법원 2018.02.22 2017가단6061

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(영문) 의정부지방법원 2018.02.22 2017가단6061

근저당권말소

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1. The Defendant, on December 4, 2015, filed with the Plaintiff a Dong-gu District Court with respect to 1,037 square meters in Dong-gu, Dong-gu, Dong-cheon District Court.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged in the entries in Gap evidence 1, Eul evidence 2, and Eul evidence 2 by integrating the purpose of all pleadings.

The creditor of the certificate of loan: B Obligor will borrow the above amount in 150,000,000 won ( e.g. 150,000,000) and promise to perform the following provisions.

1. Interest shall be set as a monthly expense and the time of payment shall be to be sent to the creditor's domicile on the date of each month;

(b) to pay the principal at the address of the obligee on February 29, 2016;

3. The obligor would lose the benefit of time when the payment of interest is in arrears at one time, and the obligee would make a repayment without objection to the claim for the balance of principal and interest, and would accept without objection the legal procedures such as the execution and seizure of mortgage when the obligee did not make a repayment.

5. The joint and several sureties shall jointly and severally assume the responsibility for the performance of this case.

A. From November 3, 2015 to December 28, 2015, the Defendant loaned a total of KRW 150,000,000 to the Plaintiff (hereinafter “instant loan”); and on December 4, 2015, drafted a certificate of borrowing the following details.

B. On December 4, 2015, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with respect to the land owned by the Plaintiff, the maximum debt amount of which is KRW 200,000,000, and the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with respect to the Defendant as the land owned by the Plaintiff (hereinafter “instant real estate”).

C. From June 23, 2016 to September 8, 2016, the Plaintiff paid KRW 155,00,000 to the Defendant as the repayment of the instant loan claims.

2. Determination

A. According to the above facts of recognition, the defendant lent KRW 150,000,000 to the plaintiff and secured it.

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