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(영문) 춘천지방법원 강릉지원 2018.06.12 2017나31651
근저당권말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On February 12, 1993, the Plaintiff completed the registration of ownership transfer with respect to 6,942 square meters of Gangwon-gun C forest land (hereinafter “instant land”).

B. As to the instant land on June 14, 2010, the Defendant completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) indicated in the disposition that became the Defendant, the maximum debt amount of KRW 50,000,000, and the Plaintiff and the mortgagee as the Defendant.

C. On March 24, 2016, the Defendant: (a) prepared a fact-finding confirmation (the evidence No. 4 of this case; hereinafter “the first fact confirmation document”; and (b) issued a registration certificate and a certificate of the personal seal impression under the name of the Defendant with respect to the instant collateral security (the Plaintiff’s wife) and the Defendant’s obligation relationship with the instant collateral security at the time of repayment of KRW 10 million,00,000,000,000, in terms of the Plaintiff’s obligation and the Defendant’s obligation.

Provided, That if the amount of KRW 10 million is not adjusted by December 30, 2000, the amount shall not be adjusted

I stated that it was.

In September 14, 2008, the fraternity was born at F Accounting Board on December 24, 2008, and thereafter did not return to F Accounting Board, and on September 24, 2009, the fraternity was unable to receive the guidance money to the defendant who should receive the guidance money, and on December 2008, agreed to pay the guidance money to the defendant, who received the guidance money, and did not receive the payment at the rate thereafter.

Note D promises the F to cooperate with the F in any legal action so that the Defendant may receive the guidance.

It shall return to the datum when the cooperation is known.

The Plaintiff and D drafted a factual confirmation (No. 1; hereinafter “instant 2 fact confirmation”) with the following content to the Defendant on the date of the formation of the instant 1 fact confirmation document:

E. Based on the instant right to collateral security, the Defendant filed an application for voluntary auction of the instant land to Chuncheon District Court Chocheon-si Branch E, and rendered a voluntary decision to commence the auction on June 24, 2016.

F. The Plaintiff on January 2016

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