logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원여주지원 2016.07.13 2016가단1498
근저당권말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs completed the registration of the establishment of the instant neighboring real estate owned by the Defendant in order to secure the Defendant’s obligation to borrow KRW 65 million against the Defendant.

B. Afterwards, the Plaintiffs filed a lawsuit against the Defendant seeking confirmation of existence of obligations and cancellation of collateral security registration with the Suwon District Court Branch Branch Decision 2013Kadan11968, and concluded conciliation between the Plaintiffs and the Defendant on November 14, 2014 as follows, etc.

1. The Plaintiffs, including the obligation and obligation under the conciliation protocol as of March 1, 2015 between the Plaintiffs and the Defendant, shall be jointly and severally paid KRW 130 million to the Defendant by March 1, 2015. If the said money is not paid by the due date, the amount calculated by adding an annual rate of 20% to the said money from March 2, 2015 to the date of full payment.

Provided, That where the plaintiffs and the intervenors pay to the defendant the sum of KRW 20 million up to November 21, 2014, KRW 20 million up to December 31, 2014, KRW 20 million up to January 31, 2015, KRW 30 million up to February 28, 2015, and KRW 90 million up to February 28, 2015, the above obligations shall be all extinguished, and even if the above payment date is delayed once, the proviso shall be null and void.

2. The defendant shall, at the same time, obtain full repayment from the plaintiffs and the Intervenor, and simultaneously implement the registration procedure for cancellation of the registration of establishment of the establishment of the neighboring mortgage of this case.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The plaintiffs asserted that they were to pay to the defendant a total of KRW 135,400,000 as a result of the above mediation. Thus, the defendant is obligated to cancel the registration of establishment of a mortgage of this case.

3. The plaintiffs' above assertion is without merit, since there is no evidence to acknowledge that the plaintiffs paid all debts to the defendant following the above mediation.

4. If so, the plaintiffs' objection.

arrow