logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.09.15 2016가단16445
근저당권말소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff’s entry in the registry is 670 square meters (hereinafter “instant land”).

(2) On September 29, 2015, the Plaintiff filed for registration of the establishment of a neighboring mortgage establishment on the ground of a contract with the Jeonju District Court No. 11530, Jan. 29, 2015 with respect to the instant land, with the former District Court No. 11530, Jan. 29, 2015 (the maximum debt amount of KRW 60,000,000,000,000,000 won, the debtor, and the mortgagee of the right to collateral security as the Defendant of the contract on January 29, 2015.

(3) On November 23, 2015, the former District Court prosecuted all-round the instant land, and completed the registration of ownership transfer on the ground of sale on November 19, 2015. (4) The Plaintiff filed an application with the Jeonju District Court 2016Kadan10527 for provisional disposition prohibiting the disposal of the instant land by deeming the Defendant’s right to claim the cancellation of the registration of ownership transfer on the ground of the Defendant’s repayment of the right to collateral security as the preserved right. On June 14, 2016, the former District Court rendered a provisional disposition prohibiting the Defendant from the transfer of collateral security, the creation of security right, and any other disposal act.

5) E completed the supplementary registration of the transfer of the right to collateral security, which was received on June 16, 2016, as of June 14, 2016, with regard to the instant right to collateral security under the name of the Defendant, as of June 16, 2016, and as of June 14, 2016. (b) The Plaintiff prepared and delivered the loan certificate and entered the loan certificate as of January 29, 2015, as of January 29, 2015, the date for drawing up the loan certificate was “F and G as of January 29, 2014.” However, the Plaintiff appears to have written the loan certificate stating that “10 million won is borrowed and repaid by April 28, 2015.” The Defendant prepared and issued the loan certificate (Evidence 2) stating that “F and G are written as a joint and several surety.”

(ii) [Evidence Nos. 1 and 2, No. 3 of the grounds for recognition, and the purport of the whole pleadings.

2. Determination on the defense prior to the merits

A. The defendant's assertion that the plaintiff sought cancellation of the right to collateral security of this case, but the defendant.

arrow