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(영문) 인천지방법원부천지원 2017.08.31 2017가단5596
근저당권설정등기말소
Text

1. The defendant received on June 9, 1998 from the Incheon District Court Branch for the real estate stated in the attached list from the plaintiff.

Reasons

1. The following facts can be acknowledged in full view of the description of evidence No. 1 and the witness C’s testimony:

In order to guarantee the Defendant’s obligation to borrow KRW 10 million against the Defendant, the Network D completed the registration of the establishment of a collateral security (hereinafter “registration of the instant real estate”) with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by the Defendant on June 9, 1998 by the Incheon District Court Decision No. 3059, Jun. 9, 1998, which was received on June 30, 1998.

B. Around December 2009, the Defendant applied for a voluntary auction on the instant real estate based on the registration of the right to collateral security, and accordingly, the voluntary auction procedure for the instant real estate was commenced.

C. C, on June 23, 2010, paid KRW 20 million to the Defendant for the repayment of the secured obligation of the registration of the instant right to collateral security, agreed to withdraw the application for voluntary auction with the Defendant and to cancel the registration of the instant right to collateral security.

The Defendant withdrawn the application for voluntary auction of the instant real estate in accordance with the above agreement, but did not cancel the registration of the instant real estate.

E. On May 11, 2015, the Plaintiff acquired the entire ownership of the instant real estate.

2. According to the above facts of determination, since the secured obligation of the registration of the instant right to collateral security ceases to exist on June 23, 2010, the Defendant is obligated to cancel the registration of the instant right to collateral security to the Plaintiff.

If so, the plaintiff's claim shall be accepted with due cause, and it is so decided as per Disposition.

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