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(영문) 서울남부지방법원 2016.04.07 2015가단38945
근저당권설정등기말소
Text

1. On June 201, 2013, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) each of KRW 31 million and KRW 25 million among them.

Reasons

1. Facts of recognition;

A. On November 30, 201, the Plaintiff borrowed each KRW 50 million from the Defendants as of November 30, 201, with the interest rate of KRW 2% per month (payment on the 30th day of each month in 1 million), the interest rate of arrears rate of KRW 3% per month, and the due date of payment on May 30, 201.

As a security for the foregoing loan debt, the Plaintiff completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of this case”) on the instant real estate, which was received on November 30, 201 from the Seoul Southern District Court, the Gangseo-gu Office of Registry of the Seoul Southern District Court, the maximum debt amount of KRW 150 million, which was received on November 30, 201, and the mortgagee as the Defendants.

B. The Plaintiff’s interest on the said borrowed loan ① (i) February 10, 2012; (ii) April 11, 2012; and (iii) 2012;

5. On July 10, 2012, (4), May 16, 2012; (5) on August 16, 2012; (7) on January 16, 2013; (8) on March 18, 2013; (4) on May 20, 2013, two million won (one million won for each of the defendants) was paid; and (4) on November 16, 2012, the sum of KRW 11 months was paid (two million for each of the defendants) and KRW 2 million was paid.

C. The Plaintiff repaid each of the principal repayment amounting to KRW 30 million on June 5, 2013, and KRW 20 million on June 6, 2013, respectively.

[Ground of recognition] Evidence Nos. 1, 8, Eul No. 2-1, 2, Eul No. 5, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion (1) on December 5, 201, the Plaintiff borrowed a total of KRW 100 million from the Defendants on the part of the claim for cancellation of the right to collateral security, and completed the registration of establishment of the right to collateral security on the instant real estate, and repaid KRW 55.6 million as of May 5, 2013, and on June 5, 2013.

6. 6. As a result, the Defendants are obligated to cancel the registration of establishment of the instant neighboring establishment to the Plaintiff, since they fully repaid the loan amounting to KRW 50 million in total.

(2) The Plaintiff loaned KRW 20 million to Defendant C on October 25, 2010, and KRW 10 million on March 31, 2011.

B. (1) According to the facts acknowledged prior to the claim for cancellation of the right to collateral security, the Plaintiff borrowed a total of KRW 100 million from the Defendants on November 30, 201.

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