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(영문) 인천지방법원 2019.06.25 2018가합2321 (1)
근저당권설정등기말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs own 1/2 of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) between husband and wife.

B. On August 25, 2017, Plaintiff A (hereinafter “D”) entered into a PF loan agreement with a maximum amount of KRW 15 billion (7.5 billion among the Defendant’s loans) from three financial institutions, including the Defendant, while implementing a new urban residential housing and neighborhood living facilities in the Bupyeong-gun E Group of Gangwon-gu.

Plaintiff

A, at the time, joint and several financial institutions, including the Defendant, set up a collateral on the instant real estate owned by the Plaintiffs as joint collateral within the limit of 130% of the loan agreement amount. A agreed to set up a collateral on the instant real estate owned by the Plaintiffs, including the Defendant, with the joint collateral mortgagee, and with the maximum debt amount of KRW 1 billion (Proportion distribution according to the loan ratio).

C. Accordingly, as to the instant real estate, the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) was completed, based on the following: (a) No. 32481, Sept. 1, 2017, which was received on September 1, 2017 from the registration office of the Incheon District Court; (b) the creditor, the debtor, and the maximum debt amount of which are KRW 500 million, with respect to the instant real estate.

The defendant loaned 7.5 billion won to D on August 25, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3 (including branch numbers in the case of provisional number), Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion does not have borrowed money from the Defendant, and there is no intention to bear the Defendant’s debt, such as joint and several sureties with respect to D’s loan obligations, and the Plaintiff A merely created the instant real estate collateral security upon the Defendant’s strong demand to obtain the loan. As such, the instant right to collateral security was merely the establishment of the instant real estate.

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