logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.06.05 2018가단9129
근저당권말소
Text

1. The Defendants, on August 18, 2005, filed with the Plaintiff with the Ganyang-gun Seoul District Court for a 11,504 square meters of forest E- 11,504 square meters.

Reasons

1. Facts of recognition;

A. On August 18, 2005, the Plaintiff completed the registration of ownership transfer on the grounds of sale on July 5, 2005 under the Plaintiff’s name with respect to the forest E- 11,504 square meters (hereinafter “instant real estate”). On August 12, 2005, the Plaintiff concluded each contract to establish a collateral security with respect to the instant real estate amount of KRW 137,600,000 from the Defendants, with respect to the Defendant B, with respect to the maximum debt amount of KRW 21,50,000,000,000 with respect to the Defendant C, the maximum debt amount of KRW 45,000,000 with respect to the Defendant D, and on August 18, 2005, concluded each contract to establish a collateral security (hereinafter “each of the instant registered collateral security”).

B. On April 5, 2006, the Plaintiff paid the Defendants the principal amount of KRW 137,600,000 and interest of KRW 32,00,000 to repay the said principal and interest.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Plaintiff paid all of the obligations secured by each of the instant collateral security rights, and thus the secured obligation became extinct. The Defendants, who are the collateral security right, are obligated to implement the procedure of cancellation registration made on April 5, 2006 with respect to each of the instant registrations of the instant collateral security rights to the Plaintiff.

B. The Defendants asserted that the Plaintiff borrowed from the Defendants the total amount of KRW 100 million on August 12, 2005, and KRW 230 million on August 31, 2005, a sum of KRW 120 million on August 31, 2005, KRW 30 million on interest rate of KRW 30 million on interest rate of KRW 18,312,957, KRW 535,218, and KRW 8,453,613 against Defendant C by paying only some of these amounts, and that the Defendants’ above assertion has no merit.

3. In conclusion, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

arrow