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(영문) 대구지방법원 2017.11.09 2017가단104887
근저당권말소
Text

1. The defendant shall accept the registration of the Seoul Eastern District Court and March 26, 1998 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On March 26, 1998, the Plaintiff registered and received the registration of the Seoul Eastern District Court with respect to the instant real estate on March 26, 1998, and registered the establishment of a neighboring mortgage (hereinafter referred to as the “registration of the establishment of a neighboring mortgage”) with the Defendant, the maximum debt amount of KRW 58 million, and the debtor.

C. On March 25, 1998, the Defendant lent KRW 50 million to the Plaintiff on the ground of the foregoing right to collateral security (Seoul Eastern District Court 2008Gadan16142). The Defendant filed a loan claim lawsuit (Seoul Eastern District Court 2008Gadan16142).

On September 5, 2008, the above court dismissed the defendant's claim for a loan on the ground that the defendant could not be deemed to have actually lent the money to the plaintiff, and that there was no secured debt of the above right to collateral security, and the judgment became final and conclusive on October 1, 2008.

[Ground] Facts without dispute, Gap 1, 2, and 3 evidence, the purport of the whole pleadings

2. According to the facts of the above recognition, since there is no secured debt for the registration of the establishment of the mortgage of this case, the defendant is obligated to implement the registration procedure for the cancellation of the registration of the establishment of the mortgage of this case concerning the real estate

3. Therefore, we accept the Plaintiff’s claim.

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