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1. The Defendant, on February 1, 2013, filed with the Plaintiff the Dobong-gu Seoul Metropolitan Government District Court’s Dobong-gu District Court’s Dobong District Court registry office with respect to the 285 square meter.1 square meters.
Reasons
1. Facts of recognition;
A. The Plaintiff borrowed KRW 100,000 from the Defendant, and on February 1, 2013, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with respect to the instant real estate as security against the Defendant under Article 5998 of the Seoul Northern District Court’s receipt of the maximum debt amount of KRW 130,000,000,000.
However, the Defendant, on January 29, 2013, remitted only KRW 80,00,000 in total, KRW 30,000,000 on April 4, 2013, and KRW 20,000,000 on February 21, 2013, KRW 27,27,000,000 on February 27, 2013, and KRW 18,000 on March 11, 2013, and KRW 5,00,000 on March 11, 2013, and KRW 80,000,00 on March 11, 2013.
B. On March 27, 2014, the Plaintiff: (a) 84,39,861 won [the principal = 80,00,000 won with interest of 4,399,861 won (=5,000 won with interest of 5,00,000 won) calculated annually 5% from January 30, 2013 to March 27, 2014; (b) 289,041 won with interest of 30,000,000 won with interest of 30,000,000 won calculated annually from 205,30,305,000 won with interest rate of 5% from February 5, 2013 to March 27, 2014; (c) 1,709,589,20,0000 won with interest rate of 20,305,000 won with interest rate of 1,3015,25.20
(Seoul Northern District Court No. 1276, 2014). (c)
On April 4, 2014, the Defendant paid the full amount of the deposit money.
【Ground of recognition】 The fact that there has been no dispute, entries in Gap 2, 3, 6, 15, 17 (including each number number), and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, since the secured debt of the registration of the establishment of a neighboring mortgage of the instant case was entirely extinguished by the Plaintiff’s deposit made on March 27, 2014, the Defendant, barring any special circumstance, shall be the Plaintiff.