logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2016.06.02 2015가단32376
근저당권말소등기
Text

1. On September 1, 2010, the Defendant: (a) on the share of real estate indicated in the attached list to the Plaintiff, the Daegu District Court (Seoul District Court); and

Reasons

1. Basic facts C and D acquired each real estate listed in the separate sheet from July 16, 2010 to September 1, 2010 (hereinafter “instant real estate”).

(B) On September 1, 2010, the attached list 1 and 2: C was set up a collateral security (hereinafter “mortgage security”) with a maximum debt amount of KRW 150,000,000 for the instant real estate, KRW 150,000,000 for each land, KRW 85 percent for D, and KRW 1/2 shares for the attached list 3).

D On April 21, 2013, F et al. sold its share in the instant real estate to 785 million won, and the intermediate payment of KRW 185 million was determined as the termination amount of personal collateral security obligations against E et al.

F and three others paid KRW 5 million to E on June 11, 2013, and paid KRW 75 million on June 25, 2013, following the payment of KRW 5 million to E on the same day, proving that the other party paid full payment of the secured debt of the instant right to collateral security from E on the same day, and the other party received a certificate of full payment of KRW 500,000 on the following day, and the other party and three others paid KRW 500,000 to E.

The defendant lent 100 million won to D on January 27, 2014, and was transferred from E the same day.

On April 27, 2015, the Plaintiff completed the registration of ownership transfer for C’s share out of the instant real estate due to sale.

[Reasons for Recognition] Facts without dispute, Gap 2 (Certified Copy), six (Certificate of Full Payment), Eul 5 (Transfer Statements), the purport of the entire argument

2. The Plaintiff asserted that, on June 25, 2013, the Defendant, who transferred the instant right to collateral with the FF and three other parties, was obligated to perform the registration procedure for cancellation on the ground that the instant right to collateral with respect to the subject matter was extinguished by fully discharging the obligation of collateral with respect to the E, and even if it is deemed that the instant right to collateral with respect to collateral with respect to the subject matter was not yet finalized, the Defendant was not yet finalized, and even if it is deemed that E was finalized, at the time of the establishment of the instant right to collateral with D and C, E shall have interest of 30% per annum and maturity of 10 million won per annum and December 2010

arrow