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(영문) 부산지방법원 2016.11.23 2015가합43137
근저당권말소
Text

1. On January 16, 2014, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, Busan District Court Busan District Court registry office.

Reasons

1. Basic facts

A. 1) On January 16, 2014, the Plaintiff and the Defendant each real estate indicated in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) between the Plaintiff and the Defendant.

2) As to the establishment of the right to collateral security (hereinafter “mortgage”).

(2) On January 16, 2014, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage of this case”) by the Plaintiff, the maximum debt amount of KRW 300,000,000, and the Defendant of the mortgagee as the result of the establishment of a mortgage (hereinafter “registration of creation of a neighboring mortgage of this case”).

(2) On January 16, 2014, the Defendant paid KRW 200,000 to C.

B. 1) Meanwhile, on April 24, 2014, the Defendant: C, D, E, and F (hereinafter “four persons, including C”)

) Agreement with the Department (hereinafter referred to as “instant agreement”) shall be agreed.

The main contents of the agreement are as follows. [paragraph (1)] The agreement is to transfer the Hemotour located in Seo-gu in Busan to D, E, cancel the registration of the establishment of the above real estate 2,3rd collateral security, and loan KRW 1,850,000,000 from the Busan Bank, which is the first collateral security right. [paragraph (2)] The lessee I agreed to jointly and severally liable four persons, such as C, etc. with the right to collateral security established in the Kmotour located in Busan, Seo-gu, Busan, to preserve the lease interest held in the Hemotour located in Seo-gu, Busan, and to terminate the agreement within four months (paragraph (3) on the condition of cancelling the creation of the collateral security interest. Thus, the four persons, such as C, etc. agreed to make a notarial deed on the repayment of debt to the Defendant as the repayment of the debt agreement (the amount of 2.50,000,000 won and the maturity date of repayment).

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