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(영문) 창원지방법원진주지원 2017.07.14 2016가단37521

근저당권말소

Text

1. The defendant shall receive on November 17, 1997 from the Changwon District Court subordinate registry office with respect to each real estate listed in the separate sheet to B.

Reasons

1. Facts of recognition;

A. On September 25, 2012, the Plaintiff filed a lawsuit against Party B with Seogu District Court Decision 2012Gau317245, and the said court rendered a judgment that “B shall pay to the Plaintiff KRW 44,060,255 and delay damages therefor,” and the said judgment became final and conclusive around that time.

B. On October 14, 1997, B completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On November 15, 1997, as the Head of Changwon District Court No. 14429 on November 17, 1997, No. 13,00,000 won with respect to maximum debt amount, and the debtor B and the creditor’s establishment registration (hereinafter “the establishment registration of mortgage of the instant real estate”).

C. The Defendant filed an application for voluntary auction of real estate based on the registration of the establishment of the instant real estate with respect to each of the instant real estate to the court C, and the court rendered the decision to commence auction on February 1, 1999, and on February 3, 1999, the registration of the decision to commence auction was completed, but the said decision to commence auction was revoked on November 1, 199 and completed.

B There is no particular property other than each of the instant real property, and the Plaintiff contains a large amount of debt, and thus is in excess of the obligation.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1 through 5, and the result of the order of the court to present taxation information on the actual audience of this case, the result of the order of the credit information submission to the Korean Credit Information Institute, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the interruption of prescription by the seizure of the above decision of commencing auction requested by the defendant shall continue until November 1, 1999 when the voluntary auction procedure concerning each of the real estate of this case was completed, and the new prescription period shall run from that time on the termination of the cause of suspension. Accordingly, the registration of the entry in the decision at the time of auction shall be entrusted with the cancellation registration.