logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원속초지원 2017.09.05 2016가단2309
근저당권말소
Text

1. The defendant, on June 14, 2010, filed with the plaintiff about 6,942 square meters of Gangwon-gun C forest land in Gangwon-gun.

Reasons

1. Basic facts

A. On February 12, 1993, the Plaintiff completed the registration of ownership transfer with respect to 6,942 square meters of Gangwon-gun C forest land (hereinafter “instant land”).

B. As to the instant land on June 14, 2010, the Defendant completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) indicated in the disposition that became the Defendant, the maximum debt amount of KRW 50,000,000, and the Plaintiff and the mortgagee as the Defendant.

C. On March 24, 2016, the Defendant prepared a fact-finding certificate (see subparagraph 4 of this case’s see, e.g., evidence No. 4; hereinafter “this case’s 1 fact-finding certificate”) with the following contents, and issued a registration certificate and a certificate of personal seal impression under the name of the Defendant with respect to the instant mortgage.

D (The wife of the plaintiff)

) In the case of the Plaintiff and the Defendant’s obligation, I confirm that all of the obligations relationship with the instant collateral security is liquidated at the time of repayment by December 30, 2016, with the amount of KRW 10 million until December 30, 2016, provided that the amount of KRW 10 million is not adjusted by December 30, 201.

D. Based on the instant collateral security, the Defendant filed an application for voluntary auction of the instant land to Chuncheon District Court Seocho Branch E, and rendered a voluntary decision on the commencement of auction on June 24, 2016.

E. On September 6, 2016, according to the instant agreement, the Plaintiff offered realizing KRW 10 million to the Defendant, but on the basis of the fact that the Defendant was refusing to receive, the Plaintiff designated the Defendant as the deposited person and deposited the amount of KRW 10 million with the Cheongju District Court Decision No. 474 of 2016 as the Cheongju District Court Decision No. 2016. Deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 4 through 7, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Plaintiff and the Defendant agreed to the effect that, by December 30, 2016, all claims, including the secured debt, are liquidated when repayment of KRW 10 million is made by December 30, 2016, and thereafter, the Plaintiff on September 6, 2016 to the Defendant on September 6, 2016.

arrow