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(영문) 의정부지방법원 2016.11.25 2015가단107403
근저당권말소
Text

1. As to each real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. From November 6, 2012 to July 31, 2014, the Plaintiff borrowed a total of KRW 217 million from the Defendant to July 31, 2014. The amount that the Defendant repaid to the Plaintiff by the time of the instant lawsuit is KRW 232.5 million.

B. On November 6, 2012, the Plaintiff borrowed KRW 20 million from the Defendant, and entered into a collateral security contract with the maximum debt amount of KRW 20 million as joint collateral, and completed the registration of the establishment of the mortgage under the name of the Defendant as of KRW 43940, Nov. 8, 2012, as of KRW 20,000,000 from the Defendant, and KRW 20,000,000,000 from the Defendant’s registry office as of KRW 20,000,000,000, and KRW 201,62,000,000,000,000 from the Defendant’s on January 31, 2013; and KRW 1,301,000,000,000,000,000 from the Government of the Republic of Korea on March 20, 2013; and (3) received the instant collateral security contract under the name of the Defendant’s registry.

C. On December 5, 2014, in the course of completing the registration of creation of a mortgage on the instant real estate under the Defendant’s name, the Plaintiff prepared a certificate of loan (hereinafter “certificate of loan in this case”) stating the following: “The amount of the instant real estate is KRW 150 million (including the existing amount of debt), KRW 50 million per month, KRW 50 million per month, and KRW 5 million per installment on December 31, 2015, and KRW 5 million per due date, according to the Defendant’s demand.”

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