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(영문) 부산지방법원 2017.01.25 2016가합2584
근저당권부채권계약해제및근저당권말소등기
Text

1. The defendant shall accept the registration of Busan District Court and October 17, 2014 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

On September 22, 2011, the Plaintiff completed the registration of creation of a neighboring mortgage (No. 60121, Oct. 17, 2014, 201) with respect to the Plaintiff’s claim of KRW 3 billion against ASEAN, on the real estate indicated in the separate sheet, which is owned by C, the maximum debt amount of KRW 3 billion, and on October 16, 2014, the Plaintiff transferred KRW 1 billion out of the above collateral security right to the Defendant, who is the wife of C, on condition that the Defendant support the Plaintiff, and completed the registration of partial transfer of the collateral security right (No. 60121, Oct. 17, 2014, the Busan District Court and the registration of Busan District Court) on the registration of creation of a neighboring mortgage on the ground of partial transfer of the claim. The Defendant did not support the Plaintiff until the closure of the pleadings in the instant case, and the Plaintiff expressed its intent to rescind the instant transfer contract

Therefore, the defendant is obligated to execute the procedure for cancellation of registration of partial collateral security transfer to the plaintiff.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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