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Reasons
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(영문) 인천지방법원 2015.06.09 2014가합58623
근저당권설정등기말소
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1. The Defendant received on October 16, 201 from the Chuncheon District Court as to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On October 16, 2012, the Plaintiff sold each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Plaintiff to C, and C consented to borrowing KRW 250 million as security each of the instant real estate.

B. On October 16, 2012, the Plaintiff and C agreed to borrow money from the Defendant through D’s arrangement, and on October 16, 2012, the Plaintiff and C prepared and delivered the following loan certificates (hereinafter “the instant loan certificates”) to the Defendant, and the Plaintiff and C borrowed money with the said loan certificates (hereinafter “the instant loan certificates”).

The repayment date shall be December 16, 2012, and the interest shall be 36% per annum.

Obligor: C and the Plaintiff

C. At the time, each of the instant real estates was completed with the maximum debt amount of KRW 20 million, the Plaintiff, and the mortgagee-mortgage E (hereinafter “the registration of establishment of establishment of establishment of a prior to the instant loan amount”). On October 16, 2012, the Plaintiff paid KRW 150 million out of the loan amount of this case to E, thereby cancelling the registration of establishment of a prior ownership.

On the same day, the Plaintiff entered into a mortgage agreement with the Defendant regarding each of the above real estate as the maximum debt amount of KRW 400 million, the obligor C and the Plaintiff, and the mortgagee, as the Defendant, with respect to each of the above real estate, and completed the registration of the establishment of a mortgage agreement based on the above mortgage agreement as of October 16, 2012, No. 48599, supra.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

For the repayment of the above loan to the Defendant, C paid each of the following amounts: (a) KRW 8 million on January 16, 2013; and (b) KRW 2 million on January 24, 2013 (hereinafter “C payment”); and (b) the Plaintiff paid each of the following amounts: (c) July 3, 2013; (d) May 28, 2014; (e) May 29, 2014; (e) May 30, 2014; and (e) KRW 50 million on June 2, 2014; and (e) KRW 30 million on June 20, 2014; and (e) KRW 10 million on June 24, 2014;

(total amount of KRW 290 million, hereinafter referred to as "Plaintiff payment").

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