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(영문) 부산지방법원 동부지원 2018.03.20 2017가단205358

근저당권말소

Text

1. Lawsuits between the Plaintiff and the Defendant B are final and conclusive on August 31, 2017 by the ruling of recommending reconciliation of this Court. < Amended by Presidential Decree No. 28105, Sep. 20, 2017>

Reasons

1. On August 31, 2017, this Court rendered a ruling of recommending reconciliation against the Plaintiff and Defendant B, and the fact that the Plaintiff was served a ruling of recommending reconciliation on September 4, 2017 and Defendant B did not raise an objection on September 5, 2017 is apparent in the record.

Therefore, the lawsuit between the plaintiff and the defendant B was terminated on September 20, 2017 when two weeks passed since the decision of recommending reconciliation was served.

2. Claim against Defendant Republic of Korea

A. Basic facts 1) The Plaintiff supplied goods equivalent to KRW 19,220,000 in total, as shown in the attached Table 2, to the Plaintiff, as the Defendant B, who operated wholesale and retail business with the trade name of “D”, such as sight and promotional items, as the representative of “D.” The Plaintiff demanded the Plaintiff to guarantee the purchase of goods. On January 25, 2008, the Plaintiff completed the registration of the establishment of a mortgage over his maximum debt amount of KRW 30,000,000, out of his 2025/14850 square meters (hereinafter “B before the division”).

3) On May 29, 2009, the land before subdivision is land listed in annexed Form 1 (hereinafter “instant land”).

(4) On January 11, 2011, the Plaintiff divided F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F., upon the Plaintiff’s request, the Plaintiff cancelled the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to F. F. F. F. F. F. F. F. F. F. F., on September 15, 201, the Plaintiff completed the registration of transfer on the ground of an agreement on the acquisition of land for public projects. (4) On January 11, 2011, the Plaintiff completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to one’s share of 2025/14850 out of the instant land, which is not incorporated into the public works site.

5) On December 3, 2013, Defendant Republic of Korea seized Defendant B’s instant collateral security claims against the Plaintiff, and completed the registration of seizure of collateral security claims by additional registration on December 9, 2013 in the establishment registration of the instant collateral security claims.