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(영문) 대전지방법원서산지원 2015.12.03 2015가합211
근저당권말소 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 5, 2011, C borrowed 20 million won from the Defendant as interest rate of 3% per month, interest rate of 600,000 won prior to maturity, and December 5, 2011, and the Plaintiff, the land owner of C, as the land owner, jointly and severally guaranteed C’s obligation for the above loan.

B. On March 23, 2011, the Plaintiff: (a) borrowed 150 million won from the Defendant on March 23, 201 as interest rate of 2%; (b) the maturity of KRW 3 million; and (c) the maturity of payment on March 23, 2012; (b) the Plaintiff completed the registration of creation of a mortgage with the Plaintiff, the mortgagee, and the maximum debt amount of KRW 200 million as indicated in the attached Table Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, and 14 (hereinafter referred to as “real estate” in the attached Table Nos. 1, 2, 3, 4, 6, 8, 10, 13, and 14 with respect to each real estate listed in the attached Table No. 1,

(hereinafter referred to as “the establishment registration of the first place of establishment”). C jointly guaranteed the Plaintiff’s debt for the loan.

C. On June 28, 201, the Plaintiff: (a) borrowed KRW 30 million from the Defendant on June 28, 201; (b) on June 28, 201, and on June 28, 2012, the Plaintiff completed the registration of creation of a mortgage over the real estate of KRW 1,2,3,4,5,6,6,7,7,8,9, 10,13, and (14) with respect to the debtor, the Defendant, the mortgagee, and the maximum debt amount of KRW 50 million (hereinafter “registration of creation of a mortgage over the second place”).

On August 22, 2011, the Plaintiff borrowed KRW 20 million from the Defendant on December 2, 201, with the interest rate of KRW 3% per month, KRW 600,000,000 due date, and KRW 22,01.

E. On March 29, 2012, the Plaintiff completed the registration of cancellation on the ground of partial renunciation with respect to the registration of the establishment of the creation of the first and second neighboring mortgage, which was completed on March 29, 2012, and completed on March 30, 2012, the Plaintiff completed the registration of the establishment of the creation of the creation of a neighboring mortgage (hereinafter “the establishment of a third neighboring mortgage”) with respect to the real estate on March 30, 2012, with the debtor as to the Defendant, the mortgagee, and the maximum debt amount as KRW 30 million

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2 shall be numbered.

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