logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.01.28 2015가단108833
근저당권설정등기 말소 등
Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. Defendant.

Reasons

1. Basic facts

A. On January 28, 2013, the Plaintiff created a right to lease on a deposit basis (hereinafter “right to lease on a deposit basis”) (hereinafter “right to lease on a deposit basis”) with the obligor, the maximum amount of debt, the maximum amount of debt, KRW 2,50,000 on January 28, 2013, with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) against the Defendant E-Mexico Asset Management Loan Co., Ltd. (hereinafter “Defendant Company”), under Article 9667 of the receipt on January 28, 2013, and with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On January 28, 2013, Defendant Company established a pledge on the instant secured claim with respect to the instant secured claim, and completed the additional registration of the pledge on the ground that the amount of the claim was 22.5 million won with respect to the registration of the establishment of the instant secured claim. On February 5, 2013, Defendant Company notified the Plaintiff of the fact of the pledge and sent the said notification to the Plaintiff on February 6, 2013.

C. On May 8, 2013, C transferred a pledge to Defendant B, and completed the additional registration of the transfer of the pledge regarding the registration of the establishment of the said pledge right.

[Based on the recognition] Defendant Company: The fact that there is no dispute, Gap evidence Nos. 2, 3, and 4, and the purport of the whole pleadings

2. Judgment on the main claim

A. The gist of the Plaintiff’s assertion is that the Defendant Company established the instant right to collateral security and right to lease on a deposit basis in order to obtain a loan of KRW 15 million from the Defendant Company and secure the obligation for the said loan. Since the Defendant Company fully satisfied the obligation for collateral security of the instant right to collateral security and right to lease on a deposit basis, the Defendant Company is obligated to perform the registration procedure for cancellation of the right to collateral security and right to lease on a deposit basis, and the Defendant B

B. As to the gist of Defendant B’s assertion, the above Defendant, not the Defendant Company, obtained a loan of KRW 15 million from C, thereby repaying the Defendant Company.

arrow