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(영문) 춘천지방법원속초지원 2017.05.16 2016가단2750
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 19, 2010, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On May 31, 2012, the Defendant completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) stating the debtor’s claim as the Defendant, a limited liability company, and the mortgagee’s right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate.

[Ground of recognition] Unsatisfy, entry of evidence No. 7, purport of the whole pleadings

2. The plaintiff's assertion and judgment that the plaintiff did not have a secured debt of the instant mortgage, and the defendant asserts that the defendant is obligated to implement the procedure for registration of cancellation of the establishment registration of the instant mortgage.

However, comprehensively taking account of each of the statements in Eul evidence Nos. 4 through 6, the purport of the entire pleadings is as follows: (a) the Plaintiff borrowed KRW 250,000,000 from the Defendant on May 31, 2012; and (b) on the same day, the Plaintiff established and established the instant collateral security right to the Defendant as a security for the aforementioned loan obligation; and (c) the said recognition is insufficient solely on the basis of each of the statements in Gap evidence Nos. 1 through 4.

Therefore, we cannot accept the plaintiff's above argument.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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