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(영문) 서울중앙지방법원 2020.10.14 2020가합509077
근저당권말소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is the owner of each real estate of this case, and the defendant is the person who has been jointly mortgaged on each real estate of this case.

B. On January 22, 2015, the Plaintiff borrowed KRW 500 million from the Defendant at an interest rate of KRW 12% per annum, and due date on September 22, 2015 (hereinafter “the first loan obligation”). As to each of the instant real estate, the Daejeon District Court’s Decision No. 4370, Jan. 23, 2015 (hereinafter “the instant collateral security”) issued a registration for the establishment of a joint collateral security interest of KRW 1.3 billion with respect to the Defendant and the maximum debt amount (hereinafter “the instant collateral security”) with respect to each of the instant real estate, the Daejeon District Court’s Decision No. 4370, Jan. 23, 2015.

C. The Plaintiff (1) around May 31, 2015, borrowed KRW 300 million (hereinafter “the loan certificate”) against the Defendant is “the loan certificate of this case”).

I have drawn up. I have confirmed that I have borrowed 300,000 won (30,000,000 won) as security of Chungcheongnam-si, Incheon Metropolitan Government (E) and that I have borrowed 30,000,000 won (30,000,000 won) on 22 July 2014, 2015, the remittance of 30,000,000,000 won (the remittance received: 90,000,000,000 won on 15 May 2015, G, 2015, the remittance of 10,000,000 won (50,000,000 won) on 0,000,000 won, 30,000,000 won, 50,500,000 won, 30,005,000 won, 30,005,000 won:

1. All land, factory buildings and equipment shall be set up as a right to collateral security;

2. The repayment date of the above money shall be June 30, 2016.

3. The interest rate of 12% per annum shall be calculated on the deposit date per month and shall be 30 days, respectively.

Provided, That where this fund has been delayed at least twice, or the additional security, provisional seizure, seizure, etc. of the above real estate has been executed, the benefit of time shall be lost and the principal and interest shall be immediately repaid.

4.In the event that the above money has been outstanding by the due date, all such land and factory buildings and all such payments.

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