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(영문) 서울북부지방법원 2018.04.13 2017가단109080
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

(b) the facts of the basis;

A. On February 14, 2014, the Plaintiff drafted to D the following loan certificates (hereinafter “the instant loan certificates”).

The sum of the daily gold of KRW 300,000,000 shall be KRW 20,000,000 lent from May of the year of the year of the loan to the next day, and KRW 60,00,000 lent from February 14, 2014 to KRW 300,00,000.

The maturity of the above amount shall be the last day of January 2015.

In order to secure the above amount, the establishment registration of a neighboring mortgage with the maximum debt amount of KRW 300,000 shall be completed on the real property owned by the principal.

* All monetary relations in KRW 300,000,000 shall be settled in clean without objection.

E and F. Preferred to full payment shall be made if they enter the E and F.

When one-year maturity expires, it shall be calculated as two copies from February 2, 2015.

G shall transfer 50 square meters in accordance with the promise.

B. As to each real estate indicated in the separate sheet owned by the Plaintiff, the Seoul Northern District Court, the Dongdaemun District Court, the Dongdaemun-gu Branch of Registry of the Seoul Northern District on February 18, 2014, the maximum debt amount of KRW 300,000,000, and the registration of creation of a neighboring mortgage in the name of D with the debtor as the Plaintiff (hereinafter “the registration of creation of a neighboring mortgage in the instant case”).

C. D died on September 2016, and the Defendants, their children, inherited the Deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including additional statements), the purport of the whole pleadings

2. On June 9, 2014, the Plaintiff and D agreed that “The Plaintiff transferred 50 square meters of G forest land 90,927 square meters (hereinafter “G land”) to H on April 16, 2014, on April 16, 2014, and transferred 50 square meters of the instant land on June 5, 2014, and D transferred 50 square meters of the instant land on June 5, 2014.” (hereinafter “instant agreement”).

Accordingly, the plaintiff completed the registration of transfer of ownership on G land 100 square meters to the defendant.

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