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(영문) 춘천지방법원영월지원 2016.01.20 2015가단2381
근저당권말소
Text

1. The defendant on July 14, 2008, as to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. On July 10, 2008, the Plaintiff borrowed KRW 50 million from the Defendant, B, C, and D, KRW 400 million from the Chump Entertainment, Co., Ltd., and KRW 100 million from the Chump S. on the same day, and on the same day, the Plaintiff agreed to set up a collateral security right as to the Defendant, B, D, C, D, C, C, C, C, C, C, C, C, Chump Entertainment, and Chump S, Inc. (hereinafter “the obligees”), and each of the above loan claims, and agreed to set a collateral security right as to the Defendant, B, C, C, and C, and D, with the maximum debt amount of KRW 100 million as KRW 1.4 billion.

B. On July 14, 2008, the Plaintiff completed the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each real estate of this case”) with regard to the creditors including the Defendant, etc., the obligor as the Plaintiff, and the maximum debt amount of KRW 1.4 billion, with regard to the right to collateral security (hereinafter “instant right to collateral security”).

C. On June 8, 2012, the Defendant, as the mortgagee of the instant case, received a voluntary decision to commence the auction of each of the instant real estate (Yancheon District Court Young Branch E), and disbursed KRW 1,631,714 as auction expenses.

On July 31, 2015, the Plaintiff deposited KRW 101,631,714 as the Suwon District Court No. 7456 in 2015 with the Defendant as the principal deposit.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. According to the above facts of recognition, the Plaintiff deposited KRW 101,631,714 to the Defendant, thereby repaying all the secured debt of the instant mortgage against the Defendant, and the Defendant is obligated to implement the procedure for registration of cancellation of the registration of establishment of the establishment of the instant mortgage on the ground of repayment to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by applying Articles 98 and 99 of the Civil Procedure Act to each party's expense.

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