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(영문) 인천지방법원 2016.05.18 2015가단46040
가등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 18, 2012, there is no dispute over the fact that provisional registration stated in the purport of the claim was completed on July 18, 2012 for the security of claim against the attached real estate owned by the Plaintiff.

The plaintiff shall have a loan claim of KRW 20 million from the beginning, or a loan claim of KRW 20 million exists with a domestic obligation as the cause of the above security registration.

However, the Plaintiff asserts that from July 10, 2012 to May 25, 2014, the sum of KRW 21,030,000 to the Defendant was extinguished by making payment by cash and online remittance, and that the Plaintiff filed a claim against the Defendant for the cancellation of the above provisional registration.

According to the statement Nos. 1 and 1 (including paper numbers; hereinafter the same shall apply), when the Plaintiff borrowed KRW 20 million from the Defendant on July 13, 2012 prior to the establishment of the provisional registration for collateral, the Plaintiff may recognize the fact that he/she issued a certificate of personal seal impression and a copy of his/her identification card to the Defendant, and there is no counter-proof to reject the above fact.

On the other hand, the above provisional registration can be sufficiently known that the grounds for registration and the secured claim exist, and it is difficult to see that the entire secured claim was fully satisfied only with the statement of evidence Nos. 1 and 3 in this case where the defendant denies cash payment from the plaintiff.

2. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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