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(영문) 부산지방법원동부지원 2015.01.07 2014가단95
근저당권설정등기말소
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 15,00,000 to the Defendant (Counterclaim Plaintiff) and the amount from October 29, 2007 to April 9, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The parties' assertion

A. On February 7, 2006, the Plaintiff (the cause of the Plaintiff’s claim) entered in the separate sheet (hereinafter “the instant real estate”) from C on February 7, 2006, entered into a pre-contract with C to purchase and sell KRW 119,50,000 (the amount shall be paid KRW 64,50,000 to C, and the remaining KRW 55,000,000 to acquire and substitute payment for the debt to C’s large-scale agricultural cooperatives (FFFFFFFFFFFFF) with the real estate as collateral for the instant real estate, and completed the registration of ownership transfer on October 29, 2007 based on the above provisional registration.

However, the Plaintiff did not accept the secured debt of the right to collateral security, which is the debtor C and the person holding the right to collateral security, due to the failure of the Plaintiff to obtain an approval of debt acquisition from the party holding the right to collateral security regarding the instant real estate from the party holding the right to collateral security.

Therefore, in order to prepare for the Plaintiff to not pay the amount equivalent to the interest on the secured obligation to C even after C repaid the interest on the secured obligation after registration of ownership transfer, C established the right to collateral security (hereinafter “the right to collateral security”) with borrowing the creditor’s name from the Defendant, other than C, to set up the right to collateral security (hereinafter “the right to collateral security”).

However, thereafter, C does not have to pay interest to an annual agricultural cooperative; the Plaintiff paid all the interest to an annual agricultural cooperative; the Plaintiff assumed the above obligation on December 23, 2013; and there is no obligation to reimburse due to the Plaintiff’s subrogation for interest payment to C, which is the secured obligation of the instant collateral security; thus, the Defendant is obliged to implement the procedure for cancelling the registration of establishment of the instant collateral security to the Plaintiff.

B. The Plaintiff purchased the instant real estate from C in KRW 134,60,000,00, and did not pay C any balance of KRW 15,000,000 to the Defendant.

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