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(영문) 창원지방법원밀양지원 2014.01.22 2012가단5331
근저당권말소
Text

1. The Defendant: (a) did not publish the Changwon District Court on April 14, 2008 with respect to the land size of 1,888 square meters for the Defendant’s 1,88 square meters to the Plaintiffs.

Reasons

1. Basic facts

A. On April 8, 2008, the Defendant: (a) lent KRW 100,000 to Nonparty E (F prior to the name of the opening name) at the maturity of 3% on April 7, 2009; and (b) completed the registration of the establishment of a mortgage with a maximum debt amount of KRW 130,000 to the Defendant, the maximum debt amount of KRW 130,000,00 on April 7, 209, and at the rate of 3% on April 3, 2009 (hereinafter “the instant loan claim”); (c) Ulsan-gu apartment unit located in Ulsan-gu G (hereinafter “H apartment”) and the 1,888 square meters (hereinafter “instant real estate”) owned by the Plaintiffs as joint collateral; and (d) 1,888 square meters (hereinafter “the instant real estate”).

(hereinafter “instant collateral security”). B.

However, as redevelopment of H apartment units became final and conclusive from E, the Defendant needs to make money to conclude a new sales contract with the redevelopment association. Accordingly, upon receiving a request from the Plaintiff for the cancellation of the part of H apartment units out of the instant collateral security right, the Defendant cancelled the registration of the establishment of the neighboring mortgage on H apartment units around December 15, 2008. On the same day, E received KRW 20,000,000 out of KRW 60,000 borrowed from the bank of Korea as collateral and appropriated for part of the principal and interest of the instant loan claim.

C. On the other hand, around February 12, 2009, the Defendant completed the provisional registration of the right to claim ownership transfer with respect to the Ulsan-gu I and J apartment 303 Dong 102 (hereinafter “J apartment”) located outside of 4 parcels of land owned by E for additional security against the instant loan claim. On July 13, 2011, upon receipt of the application for compulsory auction from the Ulsan Amsan Amsan Amsan Ampia Credit Union, which is the right to collateral security of J apartment, the Defendant subrogated the Ulsan Amsan Ampia Credit Union to KRW 169,482,302 on the account of the E’s request on July 14, 2011.

The defendant was paid KRW 4,00,000 in total over several occasions from January 2009 to December 2009, and KRW 40,587,743 in total around September 20, 201, and around October 7, 201, the defendant was paid KRW 217,00,000 out of the J apartment sales price.

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