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(영문) 의정부지방법원 고양지원 2017.03.09 2016가단15276
근저당권말소
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall have the Goyang District Court senior registry office.

Reasons

1. In fact, the Plaintiff completed the registration of ownership transfer on August 22, 2002 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

On October 31, 2014, the Plaintiff, on October 31, 2014, completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) against the Defendant, on the ground of a contract establishing a collateral security (hereinafter “mortgage”) with the maximum debt amount of KRW 300 million, the Plaintiff, and the mortgagee as the Defendant.

In the event that C, the husband of the Plaintiff, was in arrears with national taxes of several hundred million won, the Defendant came to know of the Defendant, and the Defendant told D to resolve the tax problem of C with D.

On August 13, 2014, the Plaintiff and C paid KRW 16 million to the Defendant on August 13, 2014, ② KRW 20 million to the Defendant on August 21, 2014, ③ September 3, 2014, ④ KRW 149,934,000 to the Defendant on October 30, 2014.

On October 31, 2014, the Defendant delivered part of the money received from the Plaintiff, etc. to D, and D paid the sum of KRW 185,942,730 to the Reinforcement Military Administration, including local income tax, etc. on C.

[Ground of recognition] A without dispute, Gap 1-3 evidence, Gap 7-10 evidence, Eul 3 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties' assertion argues that the right to collateral security was established in order to secure the repayment of the Defendant's money when the Defendant paid C's tax on behalf of C, and since the Defendant did not have any claim against the Plaintiff or C after the establishment of the instant right to collateral security, the instant right to collateral security should be cancelled.

As to this, the Defendant received KRW 185,934,00 from the Plaintiff upon the Plaintiff’s request and paid KRW 47,06,00 in addition to the payment of all the said money to D, and paid KRW 47,06,00 to D for resolving the issue of tax. As such, the Plaintiff is obligated to pay the Defendant the above KRW 47,06,00,000, and accordingly, the instant right to collateral security exists.

B. We examine the judgment, as recognized by the Defendant.

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