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(영문) 창원지방법원 2015.04.01 2014나2413
근저당권말소
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. On April 8, 2008, the Defendant: (a) lent KRW 100,00,000 to E (F prior to the opening of the name) at the maturity of April 7, 2009, at the rate of 30% per annum; (b) concluded a mortgage agreement with the mortgagee, Defendant, the maximum debt amount of KRW 130,00,000 on April 7, 200; and (c) completed the registration of the establishment of a mortgage agreement with the Ulsan-gu apartment located in Ulsan-gu, Seoul Special Metropolitan City (hereinafter “instant loan claim”); and (d) KRW 1,888,00 square meters per annum, not around the Gyeong-gu, the Plaintiffs owned, as joint collateral; and (d) concluded the registration of the establishment of a mortgage agreement with respect to H apartment and the instant real estate at KRW 130,000,000 (hereinafter “mortgage-mortgage agreement”); and (d) 172, April 14, 2008.

(hereinafter “instant collateral security”). B.

The Defendant requires money to conclude a new sales contract with the redevelopment association as the redevelopment of H apartment became final and conclusive. As such, upon receiving a request from the redevelopment association to cancel and request the cancellation of the part of H apartment among the instant collateral security right, the registration of the establishment of the neighboring mortgage on H apartment around December 15, 2008 was cancelled. On the same day, E received KRW 20,000,000 out of KRW 60,000 loaned from the bank of Korea as collateral and appropriated the part of the principal and interest of the instant loan claim.

C. On February 12, 2009, the Defendant completed the provisional registration of the right to claim a transfer of ownership as to J apartment 303 Dong 102 (hereinafter “J apartment”) located in Ulsan-gu I and four parcels of land, Ulsan-gu, and on July 13, 201, the Defendant paid 169,482,302 U.S. loans to the Ulsan National Credit Union upon the request of E on July 14, 201 upon receipt of the application for a compulsory auction from J apartment.

Defendant each exceeds KRW 4,00,000,000 in several times from January 2009 to December 2009, and KRW 40,587,743 in September 20, 201.

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