(영문) 창원지방법원 2017.03.23 2016가합53497

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(영문) 창원지방법원 2017.03.23 2016가합53497

근저당권말소 등

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1. As to each real estate listed in the separate sheet to the Plaintiff

A. Defendant B Co., Ltd. shall be Changwon District Court.

Reasons

1. Indication of the facts of recognition and request;

A. On July 14, 2008, the Plaintiff entered into a contract to establish a mortgage and made a registration of the establishment of a mortgage (hereinafter “mortgage”) with Defendant B Co., Ltd. (hereinafter “Defendant B”), and agreed to set up a mortgage with the maximum debt amount of KRW 570,500,000 regarding each of the real estates listed in the separate sheet as stated in the separate sheet, in order to secure the Plaintiff’s claim against the Plaintiff (hereinafter “the instant claim against the mortgage”). On July 15, 2008, the Changwon District Court Kim Jong-hae Office (hereinafter “the instant registration of establishment”) completed the registration of the establishment of a neighboring mortgage (hereinafter “the registration of establishment of a mortgage”).

B. On April 24, 2012, E Co., Ltd. partially transferred the right to collateral security (271,567,820 won) with respect to the registration of establishment of the right to collateral security (271,567,820 won) on May 23, 2012.

C. A custodian D (hereinafter “Defendant C”) of the Defendant Rehabilitation Obligor Co., Ltd. (hereinafter “Defendant C”) completed the registration of seizure of the right to collateral security on February 4, 2013, which was accepted on February 4, 2013, with the Changwon District Court, Kim Jong-hae registry office, the registration of seizure of the right to collateral security was completed.

(Amount claimed 298,432,180). D.

The Plaintiff paid KRW 438,500,000 to Defendant B during the period from September 4, 2008 to January 14, 2010. (2) The Plaintiff and Defendant B agreed on January 15, 2010 that the principal amount of the instant collateral security claim shall be fully repaid, but the Plaintiff’s remaining obligation shall be calculated and paid in accordance with the bank loan interest rate.

3) After that, on April 24, 2012, E Co., Ltd. received an order of seizure and assignment of the instant collateral security claims, and the Plaintiff and E representative director F agreed on KRW 25,00,000 on the interest that the Plaintiff had to pay. On January 11, 2013, the Plaintiff paid KRW 25,000,000 to E Co., Ltd. [Defendant B, based on recognition:

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