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(영문) 서울서부지방법원 2014.01.15 2013가단20093
채무부존재확인 및 근저당권설정등기말소
Text

1. The maximum debt amount as of December 10, 2009, concerning the real estate indicated in the separate sheet against the Intervenor A succeeding to the Defendant.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet owned by the Plaintiff B (hereinafter “instant real estate”), on December 10, 2009, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) was completed on the same day by the maximum debt amount of KRW 90 million, the debtor A, the Defendant A, and the Defendant C (hereinafter “Defendant”) (hereinafter “Defendant”) on the same day.

B. On July 18, 2013, the Defendant transferred the secured debt of the instant right to collateral security to the Intervenor succeeding to the Defendant, and notified the Plaintiff of the fact. On July 24, 2013, the Defendant’s Intervenor completed the registration of transfer of the instant right to collateral security on the ground of the said assignment of claim.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 3, the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. 1) The Plaintiff’s assertion 1) did not borrow money from the Defendant or the network E as collateral, and there is no secured debt for the registration of the establishment of a collateral, which was made by the Defendant to the Defendant as the obligee, and thus, the Defendant’s Intervenor seeking confirmation of the absence of the above secured debt. The Plaintiff B seeks registration of the cancellation of the registration of the establishment of a collateral on the instant real estate to the Defendant’s succeeding Intervenor on the ground of the absence of the above secured debt. 2) The Defendant’s succeeding Intervenor: (a) the Defendant’s succeeding Intervenor, who was engaged in the credit business, lent the Plaintiff a loan worth KRW 60 million to the Plaintiff; and (b) completed the registration of the establishment of a collateral on the instant real estate as collateral; (c) the instant mortgage contract was made out according to the Plaintiff’s intent; and thus, (d) the secured debt exists and the registration of the establishment of

(b) Determination 1 sets forth only the maximum amount of the debt to be secured and reserving the determination of the debt in the future.

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