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(영문) 대구지방법원 2019.05.14 2018가단130890
근저당권말소
Text

1. On June 12, 2015, the Defendant received the registration office of the Daegu District Court with respect to real estate stated in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On August 20, 2012, the Plaintiff (hereinafter “instant real estate”) with respect to the real estate indicated in the attached Form (hereinafter “instant real estate”).

7. 11. The owner who has completed the registration of ownership transfer due to sale.

B. As to the loan of KRW 100,00,00 from D on June 11, 2015, the Plaintiff offered the instant real estate as security. On June 12, 2015, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 200,000,000, and the Plaintiff and the mortgagee D (hereinafter “the registration of the establishment of a neighboring mortgage”) on June 12, 2015. C repaid D the said loan of KRW 70,00,000 on June 18, 2015. On March 2, 2017, the Plaintiff repaid D the said loan of KRW 30,00,000,000 with the loan balance of KRW 30,00,000,000,000 with the loan balance of KRW 30,0000,000 for each of the instant loans. Meanwhile, the registration of the establishment of a mortgage was without any ground for dispute over the Defendant’s pleadings as to the Defendant 15.

2. The assertion and judgment

A. According to the facts of the judgment as to the cause of the claim, the secured debt of the instant right to collateral security is C’s loan obligation of KRW 100 million against C on June 11, 2015, and C paid KRW 70,000,000 to D on June 18, 2015, and on March 2, 2017, repayment of KRW 30,000,000 as to the loan amount of KRW 30,000,000 as to the loan amount and KRW 30,000,000 as to the loan amount, and thus, the secured debt of the instant right to collateral security was fully repaid. Accordingly, the Defendant prior to the registration of the establishment of the instant right to collateral security was obligated to implement the procedure for the cancellation of the registration of the establishment of the said right to collateral security.

B. The Defendant’s argument regarding the Defendant’s assertion is alleged to have been transferred the establishment registration of the instant collateral security right from D, a collateral security right holder for the amount loaned to C. As such, the Defendant concluded that the secured debt for the establishment registration of the instant collateral security right was already repaid on or around March 2, 2017, and as such, the actual relationship was extinguished.

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