Since the secured debt of the right to collateral security has been extinguished, the procedure for registration of cancellation of the establishment registration should be implemented.

Since the secured debt of the right to collateral security has been fully repaid and extinguished, the creditor is obligated to perform the procedure for registration of cancellation of the establishment of the right to collateral security in the part partially transferred and the creditor is obligated to express his/her consent to the registration of cancellation of the establishment of the right to collateral security in order to preserve the national tax in arrears.

2011Gahap11323 De-mortgage

Park AA

head BB et al.

August 30, 2012

September 13, 2012

1. Defendant BB shall, with respect to each real estate listed in the separate sheet, perform the registration procedure for cancellation of the establishment registration of the neighboring mortgage completed on April 12, 2007 by the Busan District Court registry office of Busan District Court, Busan District Court (1121405).

2. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant Republic of Korea expressed its intention to accept with respect to the registration of cancellation of the establishment registration of the nearby real estate completed by the Busan District Court on April 12, 2007 as of April 12, 2007.

3. The costs of lawsuit shall be borne by the Defendants.

The same shall apply to the order.

1. Facts of recognition;

A. On April 12, 2007, the Plaintiff borrowed 000 won as agreed interest rate of 60% per annum, 60% per annum on May 14, 2007, and 66% per annum on overdue interest (hereinafter “the instant loan”). The Plaintiff prepared a notarial deed of monetary loan for consumption with the MaximumCC through DoD (However, the amount of loan including interest was stated as KRW 000). On the same day, in order to secure the above loan obligation, the Plaintiff completed the registration of creation of mortgage over each real estate listed in the separate sheet (hereinafter “each real estate of this case”) with the maximumCC as the Plaintiff (hereinafter “mortgage B”) at KRW 00 with the maximum amount of debt and the debtor (hereinafter “mortgage B”).

B. On September 7, 2007, the MaximumCC transferred to KimE the confirmation claim of KRW 000 among the instant collateral security claims, and on September 13, 2007, the registration of partial transfer of the right to collateral security was completed on September 13, 2007 with respect to each of the instant real estate on the ground of partial transfer of the right to collateral security.

C. On July 7, 2009, the LCC transferred 00 won credit among the instant collateral security claims to Defendant CB, and notified the Plaintiff on the same day, and on July 10, 2009, on each of the instant real estate, Defendant CB entered the supplementary registration of the entire LCC share transfer in the instant collateral security claims in the future.

D. On July 28, 2009, in order to preserve the national tax claim of KRW 000 of the value-added tax in arrears by Defendant BB, Defendant B attached the above mortgage claim against the Plaintiff by Defendant BB in accordance with the relevant provisions of the National Tax Collection Act, and on September 28, 2009, the Busan District Court’s Busan District Court’s receipt of Busan District Court’s registration office, and the additional registration of the seizure of the above mortgage claim was completed on September 28, 2009.

E. On April 13, 2007, the Plaintiff transferred KRW 000 to the privateF account under the name of the Plaintiff on April 17, 2007, and KRW 000 to the maximumCC account on April 17, 2007, and transferred KRW 000 to the privateG account on August 10, 2007. In addition, the HH Comprehensive Construction Co., Ltd. (hereinafter “H Comprehensive Construction”) transferred KRW 00 to the maximumCC account on December 10, 2007.

[Grounds for Recognition] The facts without dispute, Gap 1 through 6, and 9, and 10 (including the branch numbers in case of a natural disaster), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion

The Plaintiff paid to the MinimumCC the sum of KRW 00,00, KRW 00 on April 13, 2007, and KRW 000 on April 17, 2007, and KRW 000 on October 10, 2007, and KRW 000 on December 10, 2007, the secured obligation of the part of the instant collateral security that was transferred by Defendant BB out of the instant collateral security was fully repaid and extinguished. In addition, the supplementary registration of the entire portion of the instant collateral security in the name of Defendant BB was based on the instant collateral security that had already been extinguished and has no effect on the ground that the secured obligation has already been extinguished, and Defendant B is obligated to perform the registration of the establishment of the instant collateral security (the part that was partially cancelled on July 10, 2009) and to obtain the registration of the Plaintiff’s establishment of the mortgage in the instant case, and the registration of the Defendant B’s claim against the Plaintiff.

B. The defendants' assertion

According to the notarial deed of a monetary loan for consumption, the principal of the loan in this case against the Plaintiff’s highestCC is 000 won, and 000 won out of the above 00 won that the Plaintiff paid to the highestCC is unclear, and 000 won is not the Plaintiff but the HN comprehensive construction. Therefore, it cannot be deemed that Defendant B’s secured debt in this case among the collateral security in this case has been fully repaid and extinguished.

3. Determination

According to the provision of 0.0 to 0.7 of this case, the interest rate of 0.0 on the remainder 0.0 : 0. 2 of this case, the total of 0. 0, 00 won : 0. 0. 7 of this case's interest rate of 0. 0, 00, 00 won . 0 . 0. 7 of this case's interest rate of 0. 2 of this case's interest rate of 0. 7 of this case's interest rate of 0. 0, 00 . 7 of this case's interest rate of 0. 2 of this case's interest rate of 0. 7 of this case's interest rate of 0. 7 of this case's interest rate of 0. 7 of this case's interest rate of 0. 7 of this case's interest rate of 0. 7 of this case's interest rate of 0. 2 of this case's interest rate of 0. 0. 2 of this case'

4. Conclusion

Then, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.