logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.16 2014나18260
근저당권설정등기 및 근저당권부질권 말소
Text

1. The part against the defendant in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant is dismissed.

2...

Reasons

1. Basic facts

A. On February 2012, the Plaintiff agreed to obtain a loan of KRW 20 million from Codefendant B Co., Ltd. (hereinafter “B”) in the first instance trial (hereinafter “instant loan”). In order to secure the claim for the instant loan, the Plaintiff set up a collateral security (the maximum debt amount) as to the Plaintiff’s real estate owned by the Plaintiff, and completed the registration of creation of a collateral security (hereinafter “registration of creation of a collateral security”) on the 20th of the same month as indicated in the claim for the instant loan.

B. B, on February 28, 2012, to secure the Defendant’s obligation to the Defendant, set up a pledge right to the instant loan claim (hereinafter “mortgage”) against the Defendant. On February 29, 2012, the Seoul Central District Court registered the establishment of a mortgage on the instant loan claim as Seoul Central District Court’s registry No. 43961, Feb. 29, 2012.

C. B notified the Plaintiff of the fact at the time of establishing the pledge of the instant claim. On March 28, 2012, the Plaintiff transferred KRW 400,000 to his husband E with the interest of the instant loan.

On January 21, 2013, the Plaintiff transferred 20,483,400 won of the principal and interest of the instant loan to D representative director D.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1-2, Eul evidence 2-1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff asserted that the establishment registration of the establishment of the establishment of the creation of the establishment of the instant loan should be cancelled since the plaintiff fully repaid the debt of the instant loan to B, and the defendant, the pledgee of the right to collateral security on the instant loan, is a third party with a duty to accept the registration of the establishment of the establishment of the establishment

B. Whether a third party who has an interest in the registration has an obligation to accept the registration of cancellation, depending on whether the third party has an obligation to accept the registration in relation to the right holder of the registration of cancellation.

arrow