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(영문) 서울동부지방법원 2020.09.24 2019가합110146
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction association established to newly build a reconstruction apartment (hereinafter “instant reconstruction project”) on a lot of 1,752 square meters outside D, Hanam-si. The Plaintiff is a reconstruction association established to build a reconstruction apartment (hereinafter “E”), and the E Co., Ltd. (hereinafter “E”) is a contractor of the said new construction project, and the Defendant is a creditor who lent money in relation to the said reconstruction project.

B. Borrowing No. 1 of this case and the establishment of the right to collateral security of this case [Attachment Deed]

1. Loan principal: 370 million won;

1. Interest on loan: Interest at the rate of 30 million won per month from July 18, 2008 to October 18, 2008, and 30 million won per month from October 19, 2008 to October 19, 2008; and

1. Date of payment of interest: The eighteenth day of each month;

1. The due date: on October 18, 2008, the debtor borrowed the above amount from the creditor B (the defendant) and the debtor shall provide the creditor (the defendant) with the following security:

- - Future -

1. The registration of the establishment of a neighboring land owned by the Plaintiff (the maximum amount of bonds KRW 550 million) on the land owned by the Plaintiff;

2. The right to sell the land in lots (370 million won for the sale) of Gangdong-gu Seoul Metropolitan Government L building M to be sold in general due to the implementation of the reconstruction of the J-building Maintenance Project Association;

3. F, G, and H against the Plaintiff the entire amount of the claim payable to the Plaintiff on the basis of the Notarial Deed of Promissory Notes No. 2007Kadan51286, out of the amount of claims subject to provisional seizure based on the instant case, “Provisional Seizure against Real Estate (No. 2007Kadan51286), provided that the obligee (the Defendant) shall enforce compulsory execution against the recovery of claims on the basis of the said three security, and the claims against F, G, and H three shall be limited to the entire amount based on the No. 3 notarial Deed, and the compulsory execution against the said three personal property shall be waived and shall not be individually claimed.

(1) On July 18, 2008, between the defendant and F, G, H, and I on July 18, 2008, the defendant is the creditor, F, G, and H as the debtor, and I as the joint guarantor.

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