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(영문) 인천지방법원 부천지원 2018.12.04 2018가단5319
근저당권말소등기
Text

1. The Defendant’s receipt on June 19, 201 of the Incheon District Court’s Branch Branch Branch with respect to the real estate stated in the attached Form to the Plaintiff.

Reasons

1. As to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), on October 18, 2013, the provisional attachment registration of KRW 140,000,000,000,000,000,000,000, which was the Defendant for a creditor, was cancelled on the ground of termination on December 3, 2013. On December 3, 2013, the establishment registration of a neighboring mortgage with a maximum claim amount of KRW 100,000,000,000 was completed, and accordingly, the decision to voluntarily commence the auction on January 8, 2015 was withdrawn on June 18, 2015, and on the same day, on the same day, the registration of establishment of a collateral security (hereinafter “registration of collateral security”) was cancelled on the same day, as the maximum claim amount stated in paragraph (1) of the Disposition, and there was no dispute between the parties concerned.

2. The parties' assertion

A. (1) The Plaintiff’s husband C borrowed KRW 100 million from the Defendant on June 2009, and the Defendant, around October 2013, issued a provisional attachment on the instant real estate with the claim amounting to KRW 140 million. On or around December 2013, the Plaintiff, C, and the Defendant confirmed that there was no ground for the claim amounting to KRW 40 million out of the claim amount, and subsequently completed the registration of creation of a neighboring mortgage with the Defendant’s maximum debt amount of KRW 100 million only in the future.

However, upon the Defendant’s application for voluntary auction based on the above right to collateral security, the Plaintiff received the loan and repaid the loan amount of KRW 100 million to the Defendant, but the Defendant still demanded the payment of KRW 40 million and prevented the progress of auction on the instant real estate, instead of cancelling the registration of creation of a mortgage on the maximum debt amount of KRW 100 million in the name of the Defendant, the registration of creation of a mortgage on the instant real estate was completed in the future of the Defendant

(2) Therefore, the registration of the establishment of a neighboring mortgage of this case is null and void based on the secured claim that does not have any difficulties, and should be cancelled.

(iii).

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