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(영문) 수원지방법원 안양지원 2018.02.22 2017가단252
근저당권말소등기
Text

1. The defendant shall accept on July 2, 1993 the Jindo District Court registry office with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On August 31, 200, the Plaintiff loaned 3.5 million won as installment capital to Nonparty B for the loan period of 36 months, monthly payment of KRW 139,160, annual interest rate of KRW 25%, annual damages for delay, and 29% per annum. On July 25, 2002, the Plaintiff loaned 5.5 million as installment capital for the loan period of 24 months.

B. On January 2, 2017, the balance of loan claims by Nonparty B as of January 2, 2017 is as follows:

6,490,588 Won 894,699 Won 25,402,407 Won 32,787,694

C. Nonparty B, on July 2, 1993, with respect to real estate listed in the separate sheet, the same year

6. 28. 25.00,000 won with maximum debt amount and the mortgagee’s right to collateral security as the defendant have completed the registration of establishment of a mortgage.

(No. 5202, No. 5202, hereinafter referred to as the "registration of establishment of the neighboring area of this case") D.

Nonparty B is insolvent.

[Grounds for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 6, Korea Credit Information Institute, and Chungcheongbuk-do Office's reply to fact-finding

2. In light of the above facts, the defendant's collateral obligation to the non-party B of this case as to the registration of the establishment of a mortgage of this case against the non-party B was terminated after the lapse of 10 years after the contract date, June 28, 2003, which was June 28, 2003. The plaintiff sought cancellation of the registration of the establishment of a mortgage of this case against the defendant in subrogation of the non-party B in order to preserve his respective loans against the defendant. Thus, the defendant is obligated to implement the procedure for cancellation of the registration of the establishment of a mortgage of this case, which was completed to the plaintiff as to the real estate listed in the attached list.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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