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(영문) 수원지방법원 안산지원 2018.12.28 2017가단62085
근저당권말소
Text

1.(a)

On December 3, 2014, the Daejeon District Court received on December 3, 2014 with respect to the area of 2440 square meters before D in Jin-si.

Reasons

Basic Facts

On September 26, 2014, according to the commission of the Plaintiff and C in the preparation of a notarial deed between the Plaintiff and C, a notarial deed in a monetary loan agreement was drawn up on September 26, 2014, stating that “The Plaintiff, on September 26, 2014, determined on September 26, 2014, KRW 240 million as interest per month, and on December 30, 2014.”

(hereinafter “instant Notarial Deed”). The transfer, etc. of C’s right to collateral security (1) E, on December 3, 2014, shall be 2,440 square meters (hereinafter “instant land”) before D in Jin-si owned by C on December 3, 2014.

As to the registration of creation of a new mortgage, the maximum debt amount was KRW 20 million, and the debtor E’s establishment of a new mortgage (hereinafter “mortgage”) was completed.

(2) On May 23, 2016, C completed the additional registration of the transfer of the right to collateral security on the ground of the transfer of contract (hereinafter “instant transfer contract”) on May 23, 2016 to the Defendant, one of his children, for the instant right to collateral security (hereinafter “instant transfer contract”).

3) Meanwhile, on June 16, 2004, the instant land had priority over the instant right to collateral security, and the establishment registration of a neighboring mortgage, which is a collective security, was completed, with a maximum debt amount of KRW 98 million, and KRW 156 million on June 5, 2006. At the time of the instant transfer contract, the maximum debt amount of the said right to collateral security was changed to KRW 120 million. C’s active property and other circumstances are KRW 100 million. C’s active property and 1) on September 25, 2014 (hereinafter “Hri”) refers to the instant real estate registration of KRW 1 2,260 square meters owned by G, and ② shares of KRW 444,39 square meters in JJ, and KRW 1/33,400 square meters in K, ④ 503 square meters in forests and fields, and ④ the instant real estate registration of KRW 530,530,00.

2) At the time of the instant transfer contract, the market price of G real estate is KRW 2,777,792,750. Meanwhile, G real estate was prior to the registration of the instant collateral security as indicated below (However, each of the collective security rights listed below Nos. 2 and 3 was completed among G real estate.

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