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(영문) 서울중앙지방법원 2017.07.12 2016가단5209903
근저당권말소
Text

1. The Plaintiff:

A. Defendant B: (a) on each real estate listed in the separate sheet, the Suwon District Court Yang Pyeong Registry on the attached list.

Reasons

1. Facts of recognition;

A. On October 15, 2014, the Plaintiff concluded a mortgage agreement with Defendant B, the mortgagee B, the maximum debt amount of which is KRW 5 million, and the debtor as to each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), as to each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), and signed the mortgage agreement with Defendant B, the obligor of which is the Plaintiff (hereinafter “instant mortgage agreement”). The Disposition No. 1-A of October 16, 2

The registration of the establishment of a neighboring mortgage mentioned in paragraph (1) (hereinafter referred to as the “registration of the establishment of a neighboring mortgage of this case”).

B. The Defendant Republic of Korea seized the secured debt of the instant right to collateral security on July 9, 2015, following the Defendant B’s default on national taxes, and the registration of the instant secured right to collateral security was completed on July 20, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff filed a claim against Defendant B, without any legal act establishing the secured debt at the time of the registration of the establishment of the instant mortgage. Defendant B loaned money from another person via the registration of the establishment of the instant neighboring mortgage to the Plaintiff, and failed to implement the said contract. Therefore, the Plaintiff asserted that the instant mortgage contract was rescinded on February 22, 2017 by delivery of a copy of the complaint stating his/her declaration of intent to rescind the said contract to Defendant B on the same day.

Since Defendant B led to confession, it is reasonable to deem that the instant mortgage contract was rescinded on February 22, 2017.

Therefore, Defendant B is obligated to implement the registration procedure for cancellation of the registration of the establishment of the instant mortgage on February 22, 2017 to the Plaintiff.

3. Claim against Defendant Republic of Korea

(a) The determination of the cause of the claim shall only determine the maximum amount of the debt to be secured and shall be made by reserving the determination of the debt in the future;

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