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(영문) 광주지방법원 해남지원 2018.10.23 2018가단200393
근저당권말소
Text

1. The defendant shall receive on September 1, 198 from the Jindo District Court registry office of the Gwangju metropolitan district with respect to the real estate stated in the attached list to B.

Reasons

1. Facts of recognition;

A. On April 27, 2016, the Plaintiff applied for a payment order against C with the Seoul Central District Court Decision 2016 tea1336, and applied for a payment order with the purport that “C shall pay to the Plaintiff KRW 35,781,340, and KRW 9,564,212, calculated at the rate of 17% per annum from April 4, 2016 to the date of complete payment, and KRW 33,800 for demand procedure expenses (i.e., delivery charge of KRW 29,600)” and the said payment order was finalized on September 24, 2016.

B. C died around that time, and his heir is the spouse B.

C. D, as to the real estate indicated in the separate sheet (hereinafter “instant real estate”), was completed on September 1, 198 by the Gwangju District Court, Jindo Branch, the Jindo Registry, No. 6562, Sept. 1, 198, on the ground that the registration of establishment of the creation of the mortgage over the debtor D, was completed on August 29, 198, on the basis of the contract to establish the mortgage on August 29, 198.

(hereinafter the Defendant’s right to collateral security regarding the instant real estate is referred to as “instant right to collateral security”).

D had completed the registration of ownership transfer for the instant real estate to ASEAN on March 8, 2006, as the receipt of the Jindo District Court, No. 2309 on March 8, 2006, and as the result of donation on March 8, 2006, and as the sole heir B, his/her heir after death, completed the registration of ownership transfer for the instant real estate as of May 15, 2017, No. 4580, which was received on June 14, 2016.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The relevant legal doctrine is a mortgage established by setting the maximum amount of the debt to be secured and reserving the determination of the debt in the future. It is a security right established to secure a certain range of unspecified claims arising from a continuous transaction at a settlement term in the future.

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