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(영문) 서울중앙지방법원 2013.02.20 2012가단12106
근저당권말소
Text

1. The part of the claim for cancellation of the additional registration in the principal lawsuit shall be dismissed;

2. The Plaintiff (Counterclaim Defendant, Counterclaim Plaintiff).

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) the Plaintiff and the Defendant did not dispute with each other; or (b) Gap evidence Nos. 1-2, 2, 3, 5 through 7; and (c) Eul evidence Nos. 2 and 4; and (c) the purport of the entire pleadings.

On September 5, 2006, the Plaintiff registered the establishment of a neighboring real estate of the Plaintiff, the mortgagee, Nonparty C, and the maximum debt amount of KRW 300 million. The registration of the establishment of a neighboring real estate was cancelled on April 2, 2007.

B. On February 12, 2008, the Plaintiff registered the establishment of each of the instant real estates owned by the Plaintiff, the mortgagee D, and the maximum debt amount of KRW 150 million.

C. The Plaintiff and the Defendant: (a) the principal amount of KRW 90 million on May 19, 2010; and (b) the period of reimbursement for the same year.

8. 18. The interest was set at 36% per annum and 49% per annum, and the interest was paid on the 19th day of each month, and if the payment of interest was delayed once or more per month, the interest was agreed to immediately lose the benefit of time and to fully repay the obligation.

From the next day, the loan contract of this case is called "the loan contract of this case".

On May 19, 2010, the Plaintiff entered “the receipt of the check” in the paper that copied the check of KRW 90,000,000 for face value, and prepared a receipt that received KRW 90,000 from the Defendant under the name of the loan, and issued all of them to the Defendant.

E. On May 20, 2010, with respect to the registration of establishment of each of the instant units owned by the Plaintiff, the Plaintiff entered the instant supplementary registration with the mortgagee as the Defendant on the ground of the transfer of confirmed claim on the 19th day of the same month.

F. The Plaintiff’s KRW 2.7 million on June 18, 2010, and the same year

7. 20,700,000 won, the total of KRW 5 million on December 13, 190, and KRW 14,440,00 won on December 23, 200.

G. The defendant himself is the creditor, and the plaintiff is the debtor and filed an application for voluntary auction on each of the real estate of this case with this court, and the plaintiff is the debtor.

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