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(영문) 수원지방법원 2019.11.28 2019가단9206
근저당권설정등기말소
Text

1. On December 20, 2016, the Defendant: (a) on each of the real estate listed in the separate sheet, the Suwon District Court in the Suwon District Court; and (b) on the Plaintiff.

Reasons

Facts of recognition

Attached Form

On July 6, 2016, the Plaintiff, the owner of each real estate indicated in the list, borrowed KRW 100 million from the Defendant, and completed the registration of the establishment of a neighboring mortgage amounting to KRW 150,000,000,000 from the Suwon District Court No. 113931, Jul. 6, 2016, with respect to the said real estate.

On August 5, 2016, the Plaintiff borrowed KRW 80 million from the Defendant on August 5, 2016, and completed the registration of the establishment of a neighboring mortgage amounting to KRW 15 million with respect to the said real estate as the Suwon District Court’s Seosung Registry No. 132799, August 5, 2016, as the maximum debt amount was received on August 5, 2016.

On December 20, 2016, the Plaintiff borrowed KRW 30 million from the Defendant on December 20, 2016, and completed the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “mortgage-mortgage-mortgage-backed security”) with respect to the said real estate as the Suwon District Court’s Sungsung Registry No. 23414, Dec. 20, 2016, with respect to the maximum debt amount of KRW 45 million.

On July 26, 2017, the Plaintiff repaid the Defendant the total amount of KRW 3,424,00,000, which is the principal and interest of the secured debt of this case.

[Based on the recognition of evidence Nos. 1, 2, 4, and 5, the judgment of the purport of the entire pleadings refers to a mortgage established by settling only the maximum amount of the claim to be secured and reserving the determination of the obligation in the future. In this case, since the extinction or transfer of the obligation until the secured obligation is determined does not affect the right to collateral, the mortgagee of the right to collateral security may claim the extinction of the right to collateral security by repaying the confirmed obligation within the scope of the maximum amount of the debt and claiming the extinction of the right to collateral after the secured obligation is determined. In principle, if the contract establishing the right to collateral security determines the duration of the right to collateral or settling term in the basic contract secured by the right to collateral security, the obligation secured by the right to collateral security shall be established at the time the period of existence or settlement has arrived,

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