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(영문) 의정부지방법원 2016.04.08 2015가단18855
근저당권 말소등기
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 7, 2008, the Defendant entered into an agreement with B on the lending limit of KRW 50 million for self-reliance deposit loan loan (hereinafter “the instant loan”). In order to secure the instant loan obligation, the Defendant completed the registration of establishment of mortgage (hereinafter “registration of creation of mortgage of the instant case”) with the Government Registry of the District Court No. 44854, Apr. 4, 2008, using the maximum debt amount of KRW 65 million as the Government Registry of the District Court No. 44854, Apr. 4, 2008 as to each real estate listed in the separate list owned by B (hereinafter “each of the instant real estate”).

B. On November 4, 2011, the Plaintiff purchased each of the instant real estate from B and completed the registration of ownership transfer on the same day. B, while selling each of the instant real estate to the Plaintiff, the Plaintiff agreed to cancel the registration of establishment of the instant real estate by December 31, 201.

C. After the instant loan, the Defendant and B extended the lending period of each of the instant loans on April 1, 2010, March 14, 2012, and May 30, 2014, and the Plaintiff failed to implement an agreement to cancel the registration of the establishment of the instant root, and on September 22, 2014, filed an application with the Defendant for the suspension of lending to B on September 22, 2014.

On September 22, 2014, B demanded the Plaintiff to suspend the loan, but the Plaintiff refused it on the part of the Plaintiff, and thus, the Defendant’s refusal was impossible to suspend the loan transaction without his/her own consent. On September 25, 2014, the Defendant notified the Plaintiff of the application for the suspension of the loan transaction as in B, since the Plaintiff’s application for the suspension of the loan transaction was not effective.

E. After that, the Plaintiff and B did not repay the instant loan obligation, and the Defendant filed an application for the auction of real estate rent with the Jung-gu District Court C with the claim for interest on KRW 49,873,280 as to each of the instant real estate and the interest on KRW 49,349,090 as to each of the instant real estate. The said court rendered a ruling to commence the auction on May 15, 2015.

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