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(영문) 인천지방법원 2017.04.20 2016가단48104
근저당권말소등기
Text

1. The defendant received on February 11, 199 from the registration office of the Incheon District Court with respect to the real estate stated in the attached list from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), and B is the former spouse of the Plaintiff, who was loaned the instant real estate from the Defendant as collateral.

B. While maintaining a matrimonial relationship with the Plaintiff, B offered the instant real estate as joint collateral by obtaining a loan from the Defendant around February 11, 1999 and around November 26, 2001 (hereinafter collectively referred to as “instant loan”). On February 11, 1999, the Incheon District Court completed the registration of the establishment of a mortgage between the debtor and B, and the registration of establishment of a mortgage between the debtor and the debtor on November 26, 2001, and the registration of establishment of a mortgage between the debtor and B (hereinafter collectively referred to as “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage”) respectively.

C. B received loans, respectively, from the Defendant on July 13, 201, KRW 140 million, and KRW 10 million on May 21, 2013, respectively, after full repayment of the secured debt of the instant mortgage establishment registration to the Defendant (hereinafter collectively referred to as the “instant secondary loan”), and on July 13, 2011, it may be possible to limit the loans to the Defendant on July 13, 201, in order to secure the repayment of the instant secondary loan (hereinafter referred to as the “instant loan”), provided the Defendant as security of KRW 1012,00,000,000,000,000,000,000 from the said real estate as well as KRW 1882,00,000,000,000,000,000 from the obligor B.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination

(a) Where the term of existence is not agreed to secure an obligation based on a continuous contract agreement, and the transactional relationship is terminated and there is no possibility that the original obligation intended to be the secured obligation will become more likely to occur as a result of the termination of the transactional relationship, the remaining obligation shall be the subject of the right to collateral security;

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