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(영문) 춘천지방법원원주지원 2017.08.30 2017가단30360
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. B was loaned KRW 88,000,000 from the Defendant on October 28, 2004

(hereinafter referred to as “the first loan obligation of this case”) B.

Attached Form

On September 9, 2005, the Plaintiff and B, as co-owners of each of the one-half shares of the real estate listed in the list (hereinafter “instant real estate”) entered into a mortgage agreement with the Defendant to set up a collateral (85,00,000 won under the modified contract on June 22, 2012) with respect to the instant real estate, which is the debtor B and the maximum debt amount of 105,60,000 won (a change of KRW 85,000 according to the revised contract on June 22, 2012). On September 12, 2005, Ycheon District Court registered the principal support and the registration of the establishment of a collateral (hereinafter “registration of the establishment of a collateral (hereinafter “instant first collateral”). The said collateral was completed.

The first collateral security right of this case includes all obligations, such as a deed loan and party loan, which B, currently and in the future, bears against the defendant as a comprehensive collateral, within the scope of the secured obligation.

C. B was loaned KRW 20,000,000 by means of an individual transaction loan from the Defendant on April 12, 2010, as well as KRW 10,000,000 by means of a limited transaction loan, and KRW 30,00,000 in total.

(hereinafter referred to as "individual transaction loans amounting to KRW 20,00,000" means loans amounting to KRW 20,000,000 for each transaction, and KRW 10,000 for credit transaction loans amount to KRW 10,00. D.

On April 12, 2010, the Plaintiff and B concluded a mortgage agreement with the Defendant to set up a mortgage (a maximum debt amount of 19,700,000) with respect to the instant real estate. On the same day, the Plaintiff and B concluded a mortgage agreement with the Defendant to set up a mortgage (a maximum debt amount of 19,70,000) with respect to the instant real estate, and completed the establishment registration of a mortgage (hereinafter “the creation registration of a mortgage of the instant second place”) with the Chuncheon District Court pursuant to the registration and the receipt

The second right to collateral security of this case is a limited collateral that B bears in the present and future by means of a specific kind of transaction against the defendant.

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