(영문) 수원지방법원 안산지원 2018.02.14 2016재가단33

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(영문) 수원지방법원 안산지원 2018.02.14 2016재가단33

근저당권말소

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1. The quasi-examination of the defendant (quasi-examination plaintiff) is dismissed;

2. The costs of quasi-examination are assessed against the defendant.

Reasons

1. Basic facts

A. On January 14, 2014, the Plaintiff was the owner of each real estate listed in the separate sheet No. 1 and No. 2, and completed the registration of creation of a neighboring mortgage (No. 3692 of the receipt of the Ansan District Court subsidies, hereinafter “registration of establishment of a neighboring mortgage”) of the Plaintiff, the mortgagee, the Defendant, the maximum debt amount, KRW 60,000, based on the joint collateral agreement on the same date.

B. On May 27, 2016, the Plaintiff deposited 61,181,143 won per annum from August 15, 2015 to May 31, 2016 with the Defendant as the secured debt of the said right to collateral security, and filed a lawsuit against the Defendant claiming the cancellation of the registration of the establishment of the establishment of the instant neighboring mortgage (hereinafter “instant case subject to quasi-deliberation”) on the ground that the secured debt of the instant case was fully extinguished, on the following grounds: (a) the Plaintiff deposited 61,181,143 won per annum from August 15, 2015 to May 31, 2016.

C. Upon submitting a written reply, Defendant C attorney of the instant case lent KRW 265,00,00 to the Plaintiff. To secure this, the Defendant received a request from the Plaintiff to divide the nominal amount of credit for the convenience of lease in the process of establishing the right to collateral security on the real estate owned by the Plaintiff and received the request from the Plaintiff to establish the right to collateral security, and accordingly, the Defendant completed the registration of creation of the right to collateral security (No. 3691, Jan. 14, 2014, which was received on the part of the Plaintiff, the mortgagee, the Defendant, the maximum amount of credit security, the maximum amount of credit, 220,000,00 won as joint collateral (No. 3691, Jan. 14, 2014), ② the registration of creation of the right to collateral security (No. 60,000,000 won as joint collateral) with the debtor, the mortgagee, the Defendant, the maximum debt amount of credit, the maximum debt amount of KRW 60,000,50.

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