(영문) 서울중앙지방법원 2019.01.17 2017가합541521

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(영문) 서울중앙지방법원 2019.01.17 2017가합541521

근저당권말소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C is widely known as the Plaintiff’s representative, and D (hereinafter “the deceased”) died on October 24, 2016 as the husband of C.

B. The Defendant filed a lawsuit against the Deceased on April 22, 2004, seeking the payment of the interest for delay calculated at the rate of 60% per annum from May 22, 2004 to the date of full payment, with respect to the loans of KRW 160,000,000 and the interest for delay calculated from May 22, 2004. The Deceased appeared at the court on June 24, 2005 and accepted the said claim.

C. On May 16, 2006, F transferred to the Defendant the claim amounting to KRW 260,000,000 against the Deceased, and on the same day, the Deceased promised to accept the assignment of the above claim and pay the above obligation to the Defendant.

On May 17, 2006, the Defendant completed the registration of cancellation of the registration of the establishment of a neighboring mortgage on the ground that the contract was concluded on May 16, 2006 with respect to each of the real estates listed in [Attachment 1] Nos. 1 to 3 (hereinafter “instant land”). The Defendant completed the registration of cancellation of the registration of the establishment of a neighboring mortgage on the ground of the cancellation of the registration on the same date on June 27, 2006.

E. After June 28, 2006, the Defendant completed the registration of creation of a mortgage on the land of this case as of June 27, 2006 on the ground of the contract concluded as of June 27, 2006, the maximum debt amount of KRW 400 million, and the registration of creation of a mortgage on the part of the debtor as the deceased was completed (after August 19, 2008, the additional registration of the partial extinction of the joint security due to the loss was completed on the land of this case as of August 19, 2008), and completed the registration of creation of a mortgage on the ground of the contract concluded as of July 6, 2006, the maximum debt amount of KRW 20 million, the debtor as

(B) On October 206, 2006, the Deceased completed the registration of ownership transfer based on a donation made on September 25, 2006 to the Plaintiff.

In addition, the plaintiff was newly constructed on the ground of this case on August 20, 2008, and No. 4. 4.

유사 판례

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