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(영문) 서울중앙지방법원 2012.10.24 2012가합34097
근저당권설정등기말소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On October 5, 1999, the Defendant prepared a written contract to establish the right to collateral security (hereinafter “the right to collateral security”) with the Plaintiff and B (hereinafter “the right to collateral security”) including the following. On October 6, 1999, the Defendant completed the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”) with respect to the real estate stated in the separate sheet (hereinafter “the right to collateral security”) based on the aforementioned written contract to collateral security (hereinafter “the right to collateral security”) with the Plaintiff as the person who created the right to collateral security, the Defendant, and the maximum debt amount of KRW 260,000,000, Seoul Central District Court registered as the person who created the right to collateral security (hereinafter “the right to collateral security”).

(이하 ‘이 사건 제1근저당권설정등기’라 한다). 이 사건 제1근저당권설정계약서의 일부 내용 ★ 굵은선 으로 표시된 란(제1조 및 계약서 끝부분)은 담보제공자가 반드시 자필로 기재하시기 바랍니다.

1. The obligee explained that the scope of the secured obligation may choose any one of the following three types, which differs from the scope of the secured obligation, and the pledgers shall secure the obligation (including interest, damages for delay, and other incidental obligation) set forth in the partial lease, which does not print the comprehensive collateral security but entered as the beneficiary:

2. Maximum debt amount;

(a) The part which is set forth as the raw material of this billion won;

B. On August 30, 200, the Defendant prepared a document to establish the right to collateral security (hereinafter “the second right to collateral security”) containing the following contents with the Plaintiff and the non-party company. On August 31, 2000, the Defendant completed on August 31, 200, the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”) with respect to the real estate of which the Plaintiff is KRW 240,000,000 with respect to the person who created the right to collateral security, the defendant, and the maximum debt amount, as the registration of the Seoul Central District Court was received on August 31, 200

(이하 ‘이 사건 제2근저당권설정등기’라 한다). 이 사건 제2근저당권설정계약서의 일부 내용 ★ 굵은선 으로 표시된 란 제1조 및...

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