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(영문) 수원지방법원안양지원 2020.05.28 2019가단9444
근저당권설정등기말소 이행
Text

1. The Defendant received on May 20, 201 from the Suwon District Court for the Plaintiff’s real estate stated in the attached list.

Reasons

Facts of recognition

On May 20, 2014, the Plaintiff completed on May 20, 2014, the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage of this case”) with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) to the Defendant, under Article 67863, which was received on May 20, 2014 from the Suwon District Court, the Suwon District Court: (a) the obligor C, the mortgagee, the Defendant, and the maximum debt amount of KRW 1

(hereinafter “The instant mortgage”). The Defendant filed an application for the commencement of voluntary auction on the instant real estate with Suwon District Court Ansan Branch D, and the said court’s decision on voluntary auction commenced on July 11, 2018 with the said court’s decision on voluntary auction.

On the other hand, the defendant paid KRW 800,000 to the execution cost of the above auction procedure.

On November 19, 2019, the Plaintiff deposited KRW 20,700,000,000,000, which is the maximum debt amount of the right to collateral security of this case and KRW 80,000,000,000,000,000 for enforcement expenses, with the Defendant as the deposited person, at the time of the said voluntary auction procedure.

[Reasons for Recognition] Facts without dispute, Gap's evidence Nos. 1 and 2, Eul's evidence Nos. 1 and Eul's evidence No. 1, and the claimant of the right to collateral security may claim the extinction of the right to collateral security after the debt is finalized within the scope of the maximum debt amount.

(2) On February 26, 2002, in light of the above legal principles, the Plaintiff, who has pledged his property to secure another’s property, deposited the Defendant with the sum of KRW 20,70,000,000,000 in total of KRW 19,99,000,000 and KRW 80,000,000,000,000,000,000 won for execution of the execution procedure of the right to collateral security, is entitled to file a claim for extinguishment of the right to collateral security of this case with the Defendant, and the Defendant is obliged to perform the procedure for cancellation of registration of the right to collateral

For this reason,

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