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(영문) 의정부지방법원 2017.11.10 2016가합612
근저당권말소
Text

1. The Defendant shall receive, on February 19, 2014, the registration office of the Dong-gu District Court with respect to the land size of 1,983 square meters in Gu-ri City.

Reasons

1. Facts of recognition;

A. On February 19, 2014, the Plaintiff entered into a loan transaction agreement with D, E, and F (hereinafter “D”) for the loan period of KRW 1 billion (D KRW 600 million E 230 million, KRW 170 million) from February 19, 2014 to June 18, 2014 (hereinafter “the loan transaction agreement of this case”).

B. D, etc. concluded a mortgage contract with the Plaintiff to secure a claim under the instant loan transaction agreement, and completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) with respect to the forest land of 1,983 square meters (hereinafter “the forest of this case”) owned by the Plaintiff, the maximum debt amount of which is KRW 1.5 billion.5 billion.

C. On December 10, 2015, D, etc. transferred the claim under the instant loan transaction agreement to the Defendant, and completed the registration of transfer of the establishment of the instant neighboring mortgage under the Defendant’s name, and notified the Plaintiff of the transfer on December 17, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 6, 9, 12, Eul evidence No. 3 (including additional numbers), the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff paid the principal and interest of the loan transaction contract of this case to D, etc. and the defendant paid all debts under the loan transaction contract of this case through two deposits made by the defendant as the principal and interest of the loan transaction contract of this case to D, etc., and the secured debt of the registration of creation of a mortgage of this case

Ultimately, the Defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the neighboring mortgage of this case.

3. Determination

A. The loan principal of the instant loan transaction contract is 1) Registration of pre-paid interest, old credit business, etc. and Protection of Finance Users Act (Amended by Act No. 14072, Mar. 3, 2016; hereinafter “former Credit Business Act”).

section 8(1) provides that the credit service provider is either an individual or a person.

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