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(영문) 서울중앙지방법원 2019.01.11 2018가단5085378
근저당권말소
Text

1. The Defendant shall receive, on May 13, 2016, the Cheongju District Court with respect to the Plaintiff’s 29m2 and D 169m2.

Reasons

1. Comprehensively taking account of the purport of the argument in Gap evidence No. 1, the Plaintiff is the owner of Cheongju-si, C, C, 29 square meters and D, 169 square meters (hereinafter “instant real estate”). With respect to the instant real estate, Cheongju-si District Court’s order No. 56045, May 13, 2016, which was received on April 25, 2016, as the maximum claim amount of KRW 45 million, the debtor, the debtor, the debtor, and the mortgagee-mortgage, the establishment registration of a mortgage, the ownership of buildings and trees which are solid for the purpose of establishing a contract on April 25, 2016 with the same court No. 56046, which was received on the same day, and the registration of creation of superficies entirely composed of the land (hereinafter “instant mortgage registration,” and “registration of superficies”).

2. The parties' assertion

A. The summary of the Plaintiff’s cause of the claim concluded a monetary loan agreement on behalf of the Plaintiff to borrow KRW 30 million from F on behalf of the Defendant’s agent, and completed the instant collateral security and superficies registration in the name of the Defendant in order to secure the above loan obligation. However, since the Defendant’s failure to pay the loan amount, the cash loan agreement, collateral security, and superficies contract was lawfully rescinded by delivery of the copy of the claim and the application for change of cause of the instant case, which contain the intent of the Plaintiff to cancel each of the above contracts due to the Defendant’s nonperformance, the Defendant is obligated to perform the procedure for registration of cancellation of the instant collateral security and superficies registration

B. The Defendant asserted that the Defendant lent F with a loan of KRW 160 million to F and was unable to be repaid, on April 2016, F acquired the Plaintiff’s obligation of KRW 30 million out of F’s debt, but it cannot be paid to F, thereby making it known that F would create collateral security and superficies on the instant real estate, and delegated the registration of creation of collateral security and superficies to a certified judicial scrivener.

A certified judicial scrivener who has been delegated by the defendant shall accept the obligation from the plaintiff.

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