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(영문) 의정부지방법원 2015.06.26 2014가합6555
근저당권설정등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 1, 2004, the Plaintiff’s husband D borrowed KRW 270,250,000 from the Defendant on a yearly rate of 22% per annum and the due date of repayment on August 31, 2004.

B. On January 24, 2007, the Plaintiff completed the registration of ownership transfer with respect to 1,133 square meters (hereinafter “instant land”) in Guri-si, Guri-si in order to secure the balance of the above loan loan, and completed the registration of ownership transfer with respect to the Defendant on the same day as the maximum debt amount of KRW 170,000,000 to the Defendant.

(hereinafter “instant collateral security”). C.

The Defendant brought a lawsuit against the Plaintiff and D with Seoul Eastern District Court 2010Kahap15316, which sought payment of the balance at the time of the above loan. The Plaintiff, D and the Defendant, in the case of Seoul High Court 2012Na732, “1. The Plaintiff and D jointly pay to the Defendant 170,000,000 won and interest rate of 20% per annum from October 1, 2007 to the date of full payment, respectively.

2. If the Plaintiff and D pay 60,000,000 won to the Defendant of the above money, the Defendant cancelled the execution of provisional seizure on the E site and the above ground buildings at Guri-si.

“The decision in lieu of the instant conciliation (hereinafter “decision in lieu of the instant conciliation”) was notified on July 9, 2012, and the said decision became final and conclusive on July 27, 2012.

On July 9, 2013, the Plaintiff repaid KRW 60,000,00 to the Defendant pursuant to Paragraph 2 of the Decision in lieu of the instant conciliation.

E. On March 4, 2011, the Defendant filed an application for commencement of voluntary auction on the instant land where the Plaintiff did not repay the remainder of the debt following the decision in lieu of the instant conciliation, and the decision on commencement of voluntary auction was made on March 8, 2011, and the entry of the decision on commencement of auction was completed on the same day.

F. On August 13, 2014, the Plaintiff deposited KRW 170 million with the deposited person as the Defendant pursuant to Article 487 of the Civil Act.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 11, Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.

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