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(영문) 수원지방법원안양지원 2016.03.04 2015가합2169
채권부존재 빛 근저당권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 19, 2009, the Plaintiff: (a) entered into a mortgage agreement with the new bank (hereinafter “new bank”); (b) with the Plaintiff as follows; (c) 7 m22 m2,000,000,067 m2 prior to the date of the Plaintiff’s ownership; (d) 1,067 m2,000,067 m2 prior to the date of the Plaintiff’s ownership (hereinafter “instant mortgage agreement”); and (e) concluded a mortgage agreement with the Suwon District Court on the remainder of the land other than the instant G land; and (e) completed the mortgage registration (hereinafter “instant mortgage registration”).

A creditor and a person who has established a right to collateral security: A person who has established a right to collateral security (hereinafter referred to as a "right to collateral security"): The creation of a right to collateral security under Article 1 of the plaintiff;

1. Scope of secured debts: The following debts owed by the obligor on the comprehensive collateral security to the creditor in the present and future:

(a) Bill loans, deed loans, current lending, discount of bills, payment guarantee, sales bond transactions, mutual installment transactions, subscription to bonds, securities lending, foreign exchange transactions and any other obligations arising from lease of real estate;

(b) Obligations due to transactions with credit cards (excluding the offer of security by any third party, other than the debtor);

C. Guarantee liability for the above transaction with the creditor and the third party

D. A debt on a bill or check acquired by a creditor through the transaction with a third party;

2. Maximum debt amount: 700 million won;

3. Settlement term of the right to collateral security: It shall not specify future type.

In such cases, the founder may designate a settlement term of the right to collateral security through written notice, and the settlement term shall be 14 days after the date of arrival of notice, and if it falls short thereof, he/she shall be 14 days after the date of arrival of notice.

B. The instant case.

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