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(영문) 서울중앙지방법원 2016.08.24 2016가합507166
근저당권말소
Text

1. The defendant on December 29, 2009 with respect to the real estate stated in the separate sheet to the plaintiffs by the Incheon District Court North Incheon District Court.

Reasons

1. Basic facts

A. The Plaintiffs are children of the network F and network G.

The networkF died on February 23, 2013, while the network G died on February 2, 2015.

B. The land and buildings listed in the separate sheet (hereinafter “instant real estate”) were owned by the network F, and the network G died, and the Plaintiffs and H shared as the heir.

On July 10, 2015, H donated 9/65 shares of the instant real estate to the Plaintiffs each of 2.25/65 shares, and the instant real estate owned 1.25 shares, respectively.

C. On December 28, 2009, the deceased F borrowed KRW 200,000,000 from the Defendant at an annual interest rate of 9%, and in order to secure the above obligation, the Incheon District Court (Seoul District Court Decision 95187, Dec. 29, 2009, set up a collateral security interest of KRW 220,000,000 on the instant real estate as the obligor’s net F, the mortgagee, the Defendant, the maximum debt amount, and the maximum debt amount of KRW 220,00,000 on the instant real estate

(hereinafter referred to as the "mortgage of this case". On December 28, 2009, 200,000,000 on the date of borrowing the loan (hereinafter referred to as 'mortgage of this case') and the same date as 10,00,00 on August 3, 2010, 30,000 on the repayment of principal, 30,000 on December 14, 2012; 10,00,00 on March 5, 200; 20. 3. 0,00 on March 7, 207, 200; 3. 0,000,00 on the repayment of principal and interest for 10,000,00 on August 5, 2012; 3. 10,000 on the repayment of principal and interest for 10,000,000 on the repayment of principal and interest for 13. 5,2005.

D. The amount borrowed from the Defendant from December 28, 2009 to July 28, 2014, including the above KRW 200,000,000, and the amount repaid to the Defendant by the Defendant (except the amount paid as a regular interest) is as follows:

E. From January 29, 2010 to May 1, 2013, the net F paid 0.75% of the remaining principal per month to the Defendant under a loan agreement.

From June 5, 2013

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