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(영문) 서울중앙지방법원 2014.05.15 2013가합26390
근저당권설정등기말소
Text

1. The Defendant shall receive, on December 10, 2012, the Chuncheon District Court’s original state branch with respect to the land size of 693 square meters in Kuju-si.

Reasons

Basic Facts

The following facts are not in dispute between the parties, or may be admitted upon the consideration of the whole purport of the pleadings in each entry in Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 1, 2, and 3.

D In order to raise the necessary funds, on December 10, 2012, 2012, D drafted a certificate of borrowing KRW 60 million from the Defendant from the E through the introduction of E, and on December 16, 2012, 70 million, including interest and commission, from the Plaintiff (Evidence B 1).

On December 10, 2012, the Plaintiff completed the registration of the establishment of a mortgage on the part of the Plaintiff, the maximum debt amount of KRW 120 million, as indicated in the Disposition No. 1, which was owned by the Plaintiff, to secure the Plaintiff’s obligation to the Defendant, including the above loan debt, with respect to the land of KRW 693 square meters owned by the Plaintiff (hereinafter “instant real estate”).

On December 11, 2012, the Plaintiff repaid the Defendant KRW 50 million out of the above borrowed money, and deposited KRW 10 million as the principal deposit on May 20, 2013 (Seoul Central District Court No. 10582, 2013).

The plaintiff asserts that the secured debt of this case was extinguished due to the above repayment and deposit.

On January 7, 2013, the defendant, through E, additionally lent 90 million won of the instant right to collateral security to D through E, but failed to be paid the said amount. Thus, the defendant asserts that the secured obligation of the instant right to collateral security was not extinguished.

(5) On the other hand, the Defendant gave up interest and commission on the above borrowed money on the fourth legal date for pleading, and expressed only the intent to seek judgment on whether the above KRW 90 million is included in the secured debt of the instant right to collateral security. In full view of the following: (a) there is no dispute between the parties; (b) Gap evidence No. 4; (c) and Eul evidence No. 4; and (d) the witness witness witness testimony, D’s testimony, in order to raise the investment funds in the business related to the Korean Racing Association, the cause of KRW 50 million on January 7, 2013 is the cashier’s checks and the face value No. 40 million.

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