logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2015.05.28 2014가합1668
근저당권설정등기말소 등
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 March 4, 2013, the Plaintiff concluded a mortgage agreement with the Defendant regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) with the maximum debt amount of KRW 126,00,000,000, the debtor, and the mortgagee as the defendant (hereinafter “mortgage agreement”) (hereinafter “mortgage agreement”).

B. Accordingly, on March 5, 2013, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage of this case”) to the Defendant on March 5, 2013 by the Busan District Court Branch of the Dong Branch of the Busan District Court (hereinafter “Seoul District Court”) No. 9834, Mar. 5, 2013.

C. The Plaintiff’s KRW 60,000,000 from the Defendant and C (hereinafter “Defendant”) on March 4, 2013, and the same year

4.1. 43,00,000 won was remitted to the defendant and the defendant side KRW 103,00,000 on April 15, 2013, and the same year;

5. 1,250,000 won, and the same year.

7.12.2,50,000 Won 123,750,000 in total.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 3, and 4 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary assertion 1) borrowed KRW 120,00,000 from the Defendant on March 4, 2013 to secure the Defendant’s obligation for the loan, and set up the instant collateral security right to secure the Defendant. At the time, the Plaintiff received KRW 60,000,000 from the Defendant in cash, and the remainder KRW 60,000,000,000 from the Defendant was to be supplied as goods, such as the household necessary for the Mour. However, on March 4, 2013, the Defendant did not supply only KRW 60,00,000 to the Plaintiff on April 1, 2013, but did not additionally borrow KRW 43,000,000 from the Defendant on April 1, 2013.

3 The Plaintiff is obliged to pay the total of KRW 103,00,000, interest KRW 2,566,028, and KRW 106,56,00,000, which are the principal borrowed from the Defendant.

arrow