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(영문) 수원지방법원평택지원 2015.08.21 2015가단2503
근저당권말소등기절차 이행
Text

1. The Defendant received, on December 3, 2012, from the Plaintiff, the Suwon District Court’s inner registry office with respect to each of the real estate stated in the separate sheet.

Reasons

1. Basic facts

A. On December 3, 2012, the Plaintiff received a loan from the Defendant on December 3, 2012, “the subject of loan (type of loan), the amount of loan (certificate loan), the change in interest rate of KRW 35 million, interest rate, etc., and the due date on December 3, 2014 (hereinafter “the instant loan”).

B. At the time of the instant loan, the Plaintiff entered into a mortgage agreement with the Defendant as to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with regard to the mortgage (hereinafter “mortgage agreement”) with the Defendant, the Defendant, the obligor, the maximum debt amount of KRW 46 million, and the Defendant completed the registration of establishment of a neighboring mortgage registration (hereinafter “mortgage”) with regard to each of the instant real estate as the Suwon District Court No. 48660, Dec. 3, 2012.

C. As to the scope of the secured obligation, the instant mortgage contract states that “The obligee has explained that any of the following three types of persons may choose to secure the obligation (including interest, damages for delay and other incidental obligation) as provided by the limited collateral.”

On April 2, 2014, the Plaintiff paid a total of KRW 36,501,202 to the Defendant, and repaid all the principal and interest of the instant loan.

E. Meanwhile, the Plaintiff received additional loans from the Defendant (hereinafter “instant additional loans”) at KRW 30,00,000,000 on November 8, 2012, and KRW 105,00,000 on March 28, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 to 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The registration of the establishment of each of the instant claims by the parties was to secure the loan obligations of this case, and the secured debt of this case was fully repaid and extinguished on April 2, 2014, each of the instant claims.

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