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(영문) 부산지방법원 2016.08.19 2015가단222377
근저당권말소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 28, 2012, the Defendant received a certificate of borrowing from the Plaintiff and the Plaintiff’s ASEAN (hereinafter “the Plaintiff, etc.”) to the effect that “19,00,000 won was to be borrowed with interest rate of 2% per month and due date specified on December 31, 2013” (hereinafter “the instant loan certificate”), and subsequently, on January 8, 2013, the Defendant was established with respect to the real estate (hereinafter “the instant real estate”) listed in the separate list of the Plaintiff, etc.’s co-ownership (each of 1/2 shares) from the Plaintiff, etc. as security for the instant loan deposit obligation, as to the claim for reimbursement of KRW 120,00,000 for maximum debt amount (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage”).

B. Meanwhile, on December 26, 2012, the Defendant is entitled to transfer the ownership of the Plaintiff and other co-ownership (each share 1/2) D, F 401, and 402 (G building) (hereinafter “G building”) with the Plaintiff and other co-ownership (each share 1/2). However, the Defendant agreed to appropriate the amount calculated by deducting the amount of obligation secured by senior mortgage from the transaction value for the repayment of the obligation secured by senior mortgage to the Defendant, including the Plaintiff, etc., and received the registration of transfer of ownership on January 2, 2013 from the Defendant’s building.

The amount obtained by deducting the amount of obligation secured by senior mortgage from the transaction value at the time shall be as specified in attached Table 1.

C. In addition, the Defendant between the Plaintiff, etc. on October 15, 2013, and the Plaintiff, etc., and “H buildings under H Nos. 401, 501, and 501, Busan East-gu, Busan.”

The ownership of H shall be transferred; however, the amount obtained by deducting the amount of obligation secured by senior mortgage from the transaction value is agreed to be appropriated for the repayment of the obligation secured by senior mortgage to the Defendant by the Plaintiff et al.; and the registration of ownership transfer was completed on December 6, 2013 for H building.

The amount obtained by deducting the amount of senior mortgage secured debt from the transaction value at the time shall be as shown in attached Table 2.

On March 11, 2015, at the Defendant’s request, concerning the instant real estate.

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