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(영문) 대전지방법원서산지원 2019.12.05 2019가합325
근저당권말소
Text

1. On June 26, 2017, the Defendant: (a) on each real estate listed in the attached list to the Plaintiff, the Daejeon District Court, the competent registry office of the Daejeon District Court.

Reasons

1. Facts of recognition;

A. On June 26, 2017, the Plaintiff and Nonparty C borrowed KRW 3 billion from the Defendant, and on the same day, set up a maximum debt amount equivalent to 3.3 billion with respect to each real estate indicated in the attached list (hereinafter “instant mortgage”).

B. After the defendant's application on May 2, 2019, the decision of voluntary commencement of auction on each real estate stated in the separate sheet (the interest rate of KRW 3,067,50,000 and KRW 3,000,000 per annum from July 17, 2019 to the date of full payment) was rendered, and the plaintiff intended to repay the above loan obligation to the defendant, but on September 4, 2019, the defendant refused to receive the above loan, 3,097,543,745 won [the total amount of principal and interest on the auction execution cost of KRW 9,495,800, KRW 7,362,000, KRW 300, KRW 400, KRW 2005, KRW 307, KRW 97,000, KRW 3000, KRW 7,0000, KRW 2005, KRW 97,000, KRW 2007, KRW 30075,2000

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, since the secured obligation of the instant right to collateral security has ceased to exist by payment deposit on September 4, 2019, the Defendant is obligated to implement the procedure for registration of cancellation of the instant right to collateral security on each real estate listed in the separate sheet on the ground of repayment to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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