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(영문) 수원지방법원 2016.06.08 2014가단523219
근저당권설정등기말소회복등기등 청구의 소
Text

1. Defendant B:

A. In regard to the real estate stated in paragraph 1 of the attached list, the Suwon District Court shall make a registration office.

Reasons

1. Around December 4, 2009, Non-party 1, who is the Plaintiff’s birth (the Plaintiff’s birth on December 20, 2013), set up a right to collateral security of KRW 169 million with respect to the answer located in Pyeongtaek-si G and H, which is the Plaintiff’s birth, and loaned the said money to non-party 1,00,000 won from Song-si Agricultural Cooperative. Around that time, A paid interest on the said loan to the said Nonghyup. Around December 23, 2012, the Plaintiff paid the interest on the said loan to the said Nonghyup. Around December 23, 2009, the Nonghyup Bank applied for an auction of the said real estate or requested F to cancel the registration of the establishment of a mortgage on behalf of the said loan, and the Plaintiff issued the Plaintiff’s duty to immediately pay the amount of the loan to the Plaintiff by preparing his father’s promise to pay the said money by giving priority to repayment.

B. After the Plaintiff became aware of the fact that F, as seen above, obtained a loan from F, and demanded Defendant B and I to repay the principal and interest of loan. Defendant B and I, around January 6, 2010, paid in full to the Plaintiff the amount of KRW 130 million up to August 31, 2010, and agreed to allow the Plaintiff to exercise the right to the real estate with Defendant B and I if it is impossible to repay within the due date, Defendant B made a written promise to ensure that the Plaintiff would exercise the right to the real estate with Defendant B and I. In order to secure the above debt, Defendant B completed the registration of creation of each collateral (hereinafter “registration of creation of each of the instant real estate”).

C. However, Defendant B and I did not comply with the above repayment commitment.

I is in the name of the plaintiff who forged on June 27, 201 without the plaintiff's consent.

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