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(영문) 수원지방법원여주지원 2020.01.15 2019가단52145
근저당권말소 등
Text

1. The Plaintiff:

A. Defendant B shall receive, on June 11, 1991, Suwon District Court in relation to the area of 301 square meters of the D road in Innju-si.

Reasons

1. Facts of recognition;

A. In order to secure the Defendant B’s obligation, the registration of the establishment of the collateral security (hereinafter “instant collateral security”) was completed with respect to the obligor, the mortgagee, the Defendant B, and the maximum debt amount of KRW 30 million on June 11, 1991, as was received on June 8674, 191, with respect to the Suwon District Court D 301m2 (hereinafter “instant real estate”).

On January 2013, the Plaintiff repaid the above debt to Defendant B.

B. On January 12, 2010, the Suwon District Court rendered an additional registration of the seizure of the instant collateral security claim by the creditor (F Co., Ltd.) as to the instant real estate by the creditor on January 12, 2010.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3 (including virtual number), the purport of the whole pleadings

2. According to the facts of recognition of Paragraph (1) of the judgment on the cause of the claim, since the secured obligation of the instant right to collateral was fully extinguished due to repayment, Defendant B is obligated to implement the procedure of cancellation registration for the cause of repayment with respect to the establishment registration of the instant right to collateral security against the Plaintiff.

Since the seizure order against the secured claim of this case by Defendant C is null and void due to repayment, Defendant C, the third party having interest in the registration, is obligated to express his consent to the Plaintiff regarding the cancellation registration of the registration of the establishment of the mortgage of this case.

3. In conclusion, each of the plaintiff's claims is justified and it is so decided as per Disposition.

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