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(영문) 서울중앙지방법원 2014.01.14 2012가단323219
근저당권말소
Text

1. The defendant's registration office of Seoul Southern District Court on June 2008 with respect to each real estate stated in the attached list to the plaintiff.

Reasons

1. As to each real estate listed in the separate list owned by the Plaintiff (hereinafter “each of the instant real estate”), the establishment registration of each of the following mortgage (hereinafter “the establishment registration of each of the instant real estate”) was completed on June 27, 2008 by the Seoul Southern District Court, Guro District Court No. 59316, Jun. 27, 2008, based on the contract that was received on June 27, 2008 as the grounds for registration, the maximum debt amount of KRW 480,000,000,000,000,000,000

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1-1 to 4, purport of whole pleadings]

2. Determination on the cause of the claim

A. The plaintiff asserts that C shall obtain approval of PF loans to conduct D market redevelopment around June 2008. The plaintiff merely believed C's horse by presenting documents for establishment of collateral security, etc. and prepared documents, etc., and since there is no legal act establishing the secured debt, the registration of creation of collateral security in each of the instant case must be cancelled as it does not exist.

In regard to this, the Defendant asserted that the establishment registration of each of the instant establishments was completed to secure the funds of KRW 400 million necessary for the redevelopment project through the introduction of E, and it was valid, and it was not yet repaid the above KRW 400 million, so the registration of establishment of each of the instant establishments cannot be cancelled.

B. Determination of the right to collateral security is a mortgage established by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act), and is established with the aim of securing a certain limit in the future settlement period. Thus, separate from the act of establishing the right to collateral security, there must be legal acts establishing the right to collateral security, and at the time of establishing the right to collateral security, the right to collateral security should be established.

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