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(영문) 인천지방법원 2016.09.09 2014가합57934
근저당권말소
Text

1. The Defendants: the Incheon District Court Gyeyang Registry on December 16, 1998 regarding each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff won 176,620,000 won on March 30, 1993 upon the successful bid of the land of this case in the voluntary auction procedure for the lands listed in the separate sheet owned by D (hereinafter “the land of this case”).

On July 23, 1993, the Plaintiff completed the registration of ownership transfer on the land of this case based on the successful bid on April 2, 1993.

B. On December 10, 1998, the Plaintiff entered into a mortgage agreement with the Defendants as to the land of this case with the maximum debt amount of 200 million won, the creditor and the Defendants, the debtor and the Plaintiff as the person establishing the right to collateral security. On December 16, 1998, the Plaintiff completed the registration of the establishment of the right to collateral security with the Incheon District Court No. 73120 regarding the land of this case as to the Defendants on December 16, 1998.

(hereinafter “instant collateral security”). C.

E on November 7, 2003, with respect to 330.58/2539 of the shares of land listed in [Attachment List No. 3] on August 8, 1995, acquired the ownership transfer registration based on payment in kind. D.

The plaintiff, the defendants, D, F, and G are all siblings.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2, 33, 34, Eul evidence 29, 30, 31, 36, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted 1) while borrowing KRW 60 million from F in the course of winning the instant land at a successful bid, the Plaintiff agreed to acquire the amount equivalent to KRW 60 million out of the debts owed by F against the Defendants, and created the instant right to collateral security in order to secure this. 2) On September 5, 2006, the Plaintiff paid KRW 80 million to Defendant C, KRW 20 million to Defendant B, and KRW 20 million to Defendant C on October 17, 2006, respectively, and all the secured debt of the instant right to collateral security was extinguished.

3. Even if the secured debt of this case was not extinguished due to repayment, 10 years from April 27, 1993 from the Defendants lent money to the Plaintiff.

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