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(영문) 서울고등법원 2018.01.25 2017나2034828
근저당권말소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 15, 2012, when the Plaintiff settled a contract for investment in real estate located in the Defendant and Jeju-do, the Plaintiff paid the Defendant KRW 620 million and interest at least 2% per month on August 31, 2012, to the Defendant by August 31, 2012; however, the Plaintiff written a written statement of payment (No. 2, hereinafter “instant statement of payment”) with the purport to pay interest (loss) at a rate of 2.5% per month after the due date.

(B) The obligation owed by the Plaintiff to the Defendant pursuant to the above agreement (hereinafter “instant contract deposit obligation”). (B)

On August 2, 2012, the Plaintiff and the Defendant concluded a monetary loan agreement to lend KRW 1 billion in total to C, each of which is KRW 500 million.

In order to secure each of the above loans claims on the same day, the Plaintiff and the Defendant completed the registration of joint establishment of a mortgage with respect to the real estate owned by 747 square meters, etc. on August 2, 2012, under Article 81891, which was received on August 2, 2012 by the Seoyang-si District Court, Namyang-si, the Namyang-si Office, the 1.3 billion won maximum debt amount, C, the debtor, E (the Plaintiff’

C. Meanwhile, the Plaintiff and the Defendant purchased the building on the ground I and J-based (hereinafter “K-dong building”) under the joint name, and the sales amount was paid by borrowing KRW 1.9 billion from the National Bank of Korea in the name of the Plaintiff.

After all, the Plaintiff repaid the above KRW 950 million to the National Bank of Korea, which is a part of the KRW 1.9 billion, and the Plaintiff and the Defendant decided to substitute the repayment of the instant agreed amount obligations by the Defendant on behalf of the Plaintiff for the repayment of the loan obligations to be borne by the Defendant, which are equivalent to KRW 1/2 of the above KRW 950 million.

As to the details of the above KRW 475 million, the Defendant paid KRW 450 million to the National Bank Co., Ltd. on April 6, 2012 and KRW 25 million on April 30, 2014 to the National Bank for the repayment of the obligation to pay the loans, and thereby, to substitute for the repayment of the Plaintiff’s obligation to pay the instant agreed amount to the Defendant.

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