logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2016.03.29 2015가단15768
근저당권설정등기말소
Text

1. With respect to each real estate listed in paragraphs 1 and 2 of the list of real estate attached hereto to the plaintiff A, the defendant shall attached to the plaintiff B.

Reasons

1. Facts of recognition;

A. D on February 11, 2004, with the Defendant’s guarantee, was granted a loan of KRW 7,000,000 from the net agricultural cooperative at the interest rate of 11.46% per annum and the date of repayment as of February 11, 2005.

B. D and the Defendant completed the registration of creation of a neighboring mortgage (hereinafter “mortgage”) with respect to the real estate indicated in the attached Table No. 1 and paragraph (2) of the attached Table No. 3161, which was received by the Gwangju District Court, in order to secure the Defendant’s future indemnity against D as the guarantor, in order to secure the Defendant’s future indemnity against D’s obligation. As to the real estate indicated in the attached Table No. 1 and paragraph (3) of the attached Table No. 3161, which was owned by D on February 17, 2004, the amount of maximum debt shall be KRW 10,000,000, and the amount of collateral security (hereinafter “instant mortgage”).

C. After that, on October 13, 2004, D completed the registration of transfer of ownership with respect to the real estate listed in paragraph (3) of the attached list of real estate in the annexed list No. 3, as to the Plaintiff B, the Gwangju District Court’s Mayangyang Branch Office received by the Gwangju District Court’s 21350. On November 3, 2004, D completed the registration of transfer of ownership with respect to the land of 35802 square meters of forest E in Gwangju-si, Gwangju District Court’s Mayangyang Branch Office received by the Plaintiff

On the other hand, D repaid 7,061,281 won in total to net agricultural cooperatives on October 20, 2004.

[Ground of recognition] Evidence Nos. 1-1, 2, and 3, witness D's testimony, fact-finding inquiry reply of net agricultural cooperatives, and purport of the whole pleadings

2. Determination

A. According to the above facts, since the defendant's claim for indemnity against D, which is the secured claim of the right to collateral security of this case, did not occur, the defendant is obligated to cancel the registration of collateral security of this case to the plaintiffs.

In regard to this, the Defendant did not properly assert the existence and details of the secured claim of the instant right to collateral security, but did not enter into an agreement on the interest and the due date for payment of KRW 10,000 to D at the time of the registration of the establishment of a mortgage near the instant mortgage.

arrow