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(영문) 서울북부지방법원 2017.04.04 2017가단103679
근저당권말소
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall have the Goyang District Court senior registry office.

Reasons

1. The following facts can be acknowledged in full view of each of the statements and evidence Nos. 1 to 5 of the repayment of the secured debt against the right to collateral security and the overall purport of the pleading.

On September 19, 2016, the Plaintiff entered into a sales contract on the instant real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) with the Sofex Co., Ltd. (U.S.) on September 19, 2016, and completed the registration of ownership transfer on the instant real estate on September 27, 2016.

B. On August 25, 2011, Sofex Co., Ltd. took out a loan of KRW 500 million from the Defendant, and completed the registration of the establishment of a mortgage on the instant real estate, with the maximum debt amount of KRW 650 million, and the debtor Egye C&C Co., Ltd. and the mortgagee’s right to collateral security.

C. SofTex Co., Ltd. deposited KRW 14,862, which had been remaining until October 21, 2016, with the repayment deposit of KRW 14,862, and fully repaid the secured debt of the said right to collateral security.

2. If so, the Defendant is liable for the Plaintiff to implement registration procedures for cancellation on October 21, 201, on the establishment registration of a neighboring mortgage completed as of August 25, 201 with respect to the instant real estate by the Goyang Branch of the Jeju District Court (Seoul High Court), which was completed as of August 25, 2011, for the Plaintiff. Therefore, it is so decided as per Disposition.

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