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(영문) 대전지방법원 2018.09.11 2017나3572
근저당권말소
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by this court are dismissed.

2. Costs of appeal; and

Reasons

Basic Facts

On August 11, 1993, in order to lend KRW 15,000,00 to the wife D with the Plaintiff’s maturity on August 21, 1993, and to secure the above loan claims, the Defendant created a collateral security right of KRW 12690,000 on the land of this case owned by the Plaintiff, which was received on August 12, 1993 by the Daejeon District Court No. 12690, August 12, 1993 and by No. 12691, August 12, 1993, each of the obligors, creditors, the Defendant, the maximum debt amount of KRW 9,90,000 on each of the instant land owned by the Plaintiff.

(2) The Defendant loaned KRW 3,00,000,000 to D on October 3, 1993, respectively, with the due date set as of February 10, 1994.

D As the Plaintiff was unable to repay each of the above loans, on September 27, 1994, the Plaintiff sold the instant land in KRW 39,900,00 to the Defendant. The purchase price to be paid by the Defendant is that the Defendant repays the secured debt of each of the right to collateral security in the official agricultural cooperatives and the Yoeng Yeng Yeng-gun, which was set up on the instant land, with the Defendant’s repayment of each of the right to collateral security in lieu of the repayment of the loans to the Defendant, which is the secured debt of each of the instant right to collateral security in the instant case. The Plaintiff agreed to complete the registration of ownership transfer with respect to the instant land

(hereinafter “instant sales contract”). On July 3, 1996, the Defendant repaid KRW 4,00,000 to the Plaintiff’s official agricultural cooperatives, and KRW 6,162,250 to the Plaintiff’s official agricultural cooperatives, on June 30, 1995, the principal and interest of the loan to the Plaintiff’s official agricultural cooperatives, and KRW 6,162,250, in accordance with the instant sales contract.

On December 13, 2016, the respective right to collateral security of public agricultural cooperatives established on the land of this case was cancelled on December 14, 2016, and the right to collateral security of public forest cooperatives established on the land of this case was cancelled on December 14, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 1 through 9 (including branch numbers), and judgment as to the claim of the entire purport of the pleading.

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