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(영문) 인천지방법원 2017.10.19 2016가단235779
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 the shot of the net B.

The deceased B died on November 2015.

B. On September 2012, the network B and C agreed to jointly and severally repay the Defendant’s obligations related to the operation of the “Eju station” located in Pyeongtaek-si D, which is jointly operated by the Defendant, and to jointly and severally repay the remainder of the obligation related to the “G gas station” operated by the former business entity F, and to transfer all the rights related to the said gas station to the Defendant if it is difficult to repay the obligation due to the discontinuance of the business.

C. On September 12, 2012, the Defendant lent KRW 30 million to C with respect to the business of “E gas station”.

On September 12, 2012, the Plaintiff entered into a mortgage agreement between the Defendant and the Defendant, constituting a debtor’s net B or maximum debt amount of 40 million won with respect to the instant real estate (hereinafter “mortgage agreement”). On the same day, the Plaintiff completed the registration of establishment of a mortgage with the Incheon District Court No. 73092, Sept. 12, 2012, which was received on September 12, 2012 by the registration office of the Incheon District Court.

(hereinafter “instant collateral security”). E.

On August 2013, the network B and H agreed to jointly bear the obligations to I related to the “K station” jointly operated by the network B and H (hereinafter “I”) with the company I (hereinafter “I”) and to transfer all the rights to the said station’s business if it is difficult to repay the obligations due to suspension of business.

F. The Defendant respectively lent H KRW 25 million on October 28, 2013, KRW 13 million on December 30, 2013, KRW 13 million on January 27, 2014, and KRW 20 million on February 24, 2014.

G. On March 21, 2014, H borrowed KRW 100,000 from the beneficiary’s trust loan (hereinafter “the beneficiary’s trust loan”) to the Defendant and repaid all the remaining obligations to the Defendant at the time.

H. On May 23, 2014, the Defendant and I subrogated to the Defendant and I with respect to the obligation to lend the H’s loans to the Bank of Korea, Inc., the Bank of Korea on behalf of the Defendant and I, and H on behalf of the Defendant and I.

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