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(영문) 대전지방법원천안지원 2016.05.18 2015가단13658
근저당권말소
Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant B is the Daejeon District Court Branch of the Daejeon District Court on April 3, 2007.

Reasons

1. Facts of recognition;

A. The Plaintiff’s husband C engaged in the Han-do retail business (mutual name: D) around 2007, and was supplied with the Han-do group from Defendant B (mutual name: E).

B. On April 3, 2007, the Plaintiff entered into a contract with Defendant B as to each of the lands listed in the separate sheet (hereinafter “each of the lands of this case”) owned by the Plaintiff as to the obligor C, the mortgagee of the right to collateral security, the Plaintiff’s creditor, the Defendant B, the maximum debt amount, 100 million won (hereinafter “the instant mortgage”). On April 3, 2007, the Daejeon District Court completed the registration of the establishment of the neighboring mortgage as of April 3, 2007, No. 34119, which was received on April 3, 2007.

C. On May 25, 2011, C issued and delivered to Defendant B a final note of KRW 3 million at face value and September 30, 201 at the due date for the payment of the purchase of goods.

(hereinafter “instant Promissory Notes”). D.

C A around the due date of the Promissory Notes: (a) requested payment from F, the holder of the Promissory Notes, and remitted F, on November 1, 201, KRW 10 million; (b) KRW 2 million on November 10, 201; and (c) KRW 3 million on November 10, 201.

E. Meanwhile, as a disposition on default against Defendant B, the instant collateral security was completed on February 14, 2013 in Seo-gu, Daegu Metropolitan City, and on June 11, 2015 in Seo-gu, Daegu Metropolitan City.

[Reasons for Recognition] Defendant B: The remaining Defendants of confessions: Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence No. 1, Eul evidence No. 1 and 2, and the purport of the whole pleadings

2. The Plaintiff’s assertion of the Promissory Notes is the final Promissory Notes issued by C to Defendant B. On November 1, 2011 and November 10, 201, the Promissory Notes transferred the total sum of KRW 3 million to F, a holder of the said Promissory Notes, thereby repaying all the Defendant B’s obligation to pay for the goods.

Therefore, Defendant B’s registration procedure for cancellation of the registration of the establishment of the instant mortgage on the ground of repayment on November 10, 201, and Defendant Daegu Metropolitan City, Dong-gu.

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