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(영문) 전주지방법원 2016.05.18 2015가단2203
근저당권말소
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On August 3, 2005, the transfer registration for ownership based on sale was completed on August 3, 2005, the transfer registration for ownership based on sale on May 25, 2010 (hereinafter “the first transfer registration for ownership”) was completed on May 26, 2010, and on May 31, 2010, the transfer registration for ownership based on sale was completed on May 27, 2010 (hereinafter “the second transfer registration for ownership”).

B. On July 24, 1980, the Defendant acquired the ownership of FF 396.7m2 in Jung-gu, Daejeon on July 24, 1980, and on March 25, 1993, the building with eight floors of steel reinforced concrete structure on the ground (hereinafter “the building owned by the Defendant”).

(2) The Defendant, from March 5, 2004 to the closing date of the argument in this case, newly constructed the instant land and owned the instant building and the instant building owned by the Defendant. (2) From March 5, 2004 to July 7, 201 of the instant building owned by the Defendant, the Defendant leased KRW 3 million, monthly rent of KRW 1.40,00,000 to G from August 8, 2005 to the closing date of the argument in this case. From August 8, 2005, the first and second floors of the instant building owned by the Defendant were leased to G KRW 30,000, monthly rent of KRW 800,000, monthly rent of KRW 1,200, while G, together with the above underground 1,20 to H bath.

3) On the instant land, the Jeonju District Court’s non-principal registry office of the Jeju District Court was received on March 29, 2012, No. 2392, the establishment registration of the mortgage (hereinafter “registration of the creation of mortgage of this case”) consisting of the obligor E, the Defendant, the maximum debt amount, 30,000 won.

(4) The Defendant was terminated. 4) On April 12, 2012, 10,000 won, 3,000,000,0000 won on the same day, and 3,000,000,000,000 won on April 13, 2012, 200, 2,000,000,000 won on the same day, from the account (Account Number I) of the NAF Bank in its name, Inc.

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