(영문) 인천지방법원 2016.02.05 2014재가합59

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(영문) 인천지방법원 2016.02.05 2014재가합59

근저당권말소

Text

1. The quasi-examination of this case and the application for intervention by an independent party shall be dismissed, respectively.

2. The costs of lawsuit are due to the principal lawsuit.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against the Defendant and D seeking the implementation of each of the registration procedures for cancellation of the establishment of a neighboring mortgage (hereinafter referred to as the “mortgage of this case”) completed as of February 206 by the receipt of No. 4169 of the attached Table 2, No. 209Gahap21634, which was completed as of July 27, 2005 by the Incheon District Court 2, No. 19810 on each real estate listed in the attached Tables No. 2, 3, 4, and 5 of the attached Tables No. 2, No. 2005, with respect to each real estate listed in the attached Tables No. 2, No. 1, No. 19810 on July 27,

B. On April 20, 2010, the Plaintiff, the Defendant, and D appeared on the date of mediation and mediated the following contents:

(hereinafter) On May 31, 2010, the Plaintiff paid KRW 900 million to the Defendant and D by May 31, 2010. If the Plaintiff delays the payment of the said amount, the amount of delay shall be paid by adding an amount equivalent to 10% per annum from June 1, 2010 to the date of complete payment.

2. The Defendant and D received the money set forth in paragraph 1 from the Plaintiff and immediately thereafter to the Plaintiff:

(a) the registration of the establishment of a neighboring mortgage completed under No. 19810 of the receipt of July 27, 2005 with respect to the real estate listed in No. 2 and 3 of the Schedule No. 1;

B. Each procedure for cancellation of registration of the establishment of a neighboring mortgage completed on February 20, 206 at No. 4169 of the same registry office with respect to each real estate listed in Section 2, 3, 4, and 5 of the Schedule No. 2 attached hereto shall be implemented.

3. The plaintiff's remaining claims shall be waived.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 3 and 5, the purport of the whole pleadings

2. Judgment on the lawfulness of the lawsuit for quasi-deliberation of this case

A. The gist of the Plaintiff’s assertion is how much the secured debt of the instant mortgage exists.

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