logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.10.02 2013가단73274
근저당권설정등기말소
Text

1. The Defendant received on August 9, 201 from the Suwon District Court Head of the Suwon District Court registry office as to the real estate stated in the attached sheet to the Plaintiff.

Reasons

1. The Plaintiff asserts that, with respect to the real estate indicated in the separate sheet owned by himself, the registration of the establishment of the collateral security (hereinafter “the instant real estate”) around the place of registration of the establishment of the collateral security (No. 23801), which was received on August 9, 201 by the head of Suwon District Court, the Defendant, as the Defendant, should be cancelled due to the absence of such collateral obligation.

On the other hand, the defendant asserts that the registration of the right to collateral security has been completed lawfully, and that the remaining debt has been secured at present.

2. The assertion by the assent of all participating Justices on the developments leading to the registration of the right to collateral security is as follows.

In other words, around July 201, the plaintiff borrowed 60 million won from the defendant's wife C, but if the plaintiff joined an order of debt settlement and pays the amount, C would receive the amount of money from the order of debt settlement instead of it.

② In order to secure the payment of the monthly fraternity, the method of repayment of the above loan, the person holding the right to collateral security shall be the defendant and complete the registration of collateral security.

First, the mortgagee of the right to collateral security will examine the defendant even though the creditor is C.

Even if a third party who is not a creditor establishes the registration of the right to collateral security, if there are circumstances such as agreement between the parties, it shall be valid.

According to the evidence No. 1, the plaintiff himself/herself consented to the establishment of the right to collateral security registration, and considering the circumstance that the defendant who is the creditor C and the defendant who is the creditor is the married couple, the right to collateral security registration has been lawfully completed.

On the other hand, the plaintiff asserts to the effect that the above loan was repaid in full by faithfully paying monthly fraternitys after the above loan and mortgage registration.

In this regard, the Defendant, as well as C, has not been repaid the full amount of the above loan and has settled the loan over several times on September 14, 2012 and newly established the loan certificate of KRW 70 million (No. 3; hereinafter “the loan certificate”).

arrow