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(영문) 청주지방법원 충주지원 2018.04.04 2017가단4303
근저당권말소
Text

1. The defendant shall, on September 21, 1999, apply to B with respect to 1,319 square meters prior to C, and 1,359 square meters prior to D, Chungcheong District Court.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a claim for reimbursement under a credit guarantee against Cheongju District Court No. 2015 tea8468, and received a payment order, and the said payment order was finalized on December 31, 2015.

B. B completed the registration of the establishment of a neighboring mortgage (hereinafter “instant mortgage”) by the Cheongju District Court No. 32387, Sept. 21, 1999, which was received on September 21, 1999, with respect to each real estate listed in paragraph (1) of the Disposition No. 1 (hereinafter “instant real estate”).

C. Meanwhile, on November 28, 2017, after the Defendant was served with the instant complaint, B borrowed KRW 15 million to the Defendant on September 29, 199, and continued to approve the obligation.

The letter of debt approval and the letter of debt approval borrowed 15 million won as interest per annum by 3% per annum. "The letter of debt was drawn up and issued."

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) filed a registration of cancellation of the instant right to collateral security against the Defendant on behalf of the Plaintiff, who was the creditor of the instant case, on September 20, 199, on the ground that the instant right to collateral security had not existed from the beginning, or even if there existed such obligation, the statute of limitations expired, and thus, the Defendant filed a registration of cancellation of the instant right to collateral security against the Defendant on behalf of the Plaintiff, who was the creditor of the instant case. (2) The Defendant lent KRW 15 million to B around September 20, 199, and the Defendant continuously

B. Determination 1: (a) The mortgage is a mortgage created by setting the maximum amount of the debt to be secured and reserving the determination of the debt in the future; and (b) is a security established for securing a certain limit from a continuous transaction relationship in the future; (c) thus, there is a legal act establishing a secured claim of the right to collateral separately from the act of establishing the right to collateral; and (d) at the time the right to collateral

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