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(영문) 수원지방법원안산지원 2020.12.17 2020가합6426
근저당권말소
Text

1. The Defendant shall assist the Plaintiff in Ansan-si District Court with respect to one-third share of the 9,437 square meters of his forest land in Ansan-si.

Reasons

1. Basic facts

A. The Plaintiff is an owner of 1/3 shares in the members of Ansan-si, Seoul Forest and C, 9,437 square meters (hereinafter “instant land”) and 6,682 square meters in D forest and 6,682 square meters (hereinafter “instant D land”). In addition to the instant land C, the Plaintiff is an owner of 1/3 shares in each of the instant land (hereinafter “instant land”).

B. Around January 29, 2003, the Plaintiff sold each of the instant lands to E with KRW 17,500,000,000. On account of the fact that each of the instant lands was subject to land transaction permission, the Plaintiff completed the registration of the establishment of a neighboring mortgage with respect to each of the instant lands with respect to KRW 1/3 of the Plaintiff’s respective share of KRW 1/3,000,000 on February 17, 2003, under the control of the Suwon District Court No. 15802, the maximum debt amount was KRW 100,000,000, the debtor, and the mortgagee-mortgage E, etc.

C. Around May 25, 2006, as to the Plaintiff’s portion of 1/3 of the instant land, a mortgage establishment agreement was prepared under the name of the Plaintiff and the Defendant with respect to the Plaintiff’s portion of 1/3 under the name of the Defendant (hereinafter “instant mortgage establishment agreement”). Accordingly, as to May 29, 2006, the registration of the establishment of a mortgage with respect to the Plaintiff’s portion of 1/3 of the instant land was completed for the establishment of a mortgage with the content of KRW 200,000,000 with the maximum debt amount received on May 29, 2006, the obligor, and the Defendant, etc. (hereinafter “instant mortgage establishment registration”), and on the same day, the said establishment registration under the name of E was cancelled

A creditor and a mortgagee of the right to collateral security: The debtor and the mortgagee of the right to collateral security: The amount of maximum debt amount of the plaintiff: 200,000,000 won shall be determined by the parties as follows:

Article 1. The person establishing the right to collateral security shall, within the extent of the above amount, be liable to the creditor, such as evidence of loans, notes, and instruments of payment, signed and sealed by the debtor as either the sole or joint obligation or the guarantor to be borne or payable to the creditor in the future.

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