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(영문) 대전지방법원 2017.05.19 2016가단227301 (1)

근저당권말소

Text

1. The Plaintiff:

A. As to the real estate stated in the separate sheet, Defendant Newdo Construction Co., Ltd.

Reasons

1. Claim for the Construction of Newdo Co., Ltd. (hereinafter “Defendant Newdo Construction”)

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claims filed against the defendant Southern-si and the National Health Insurance Corporation;

A. The plaintiff on January 18, 2005 (hereinafter "the real estate of this case") shall be the real estate listed in the separate sheet on January 18, 2005.

(A) On January 9, 2002, the registration of ownership transfer based on sale was completed, and on the same day, the registration of ownership transfer was completed with respect to Defendant Newdo Construction with the maximum debt amount of KRW 24,70,000,000 (hereinafter “instant collateral security”).

(2) On July 8, 2011, Defendant Namyang-si seized the instant right to collateral security, and completed its attachment registration on the same day. The Defendant National Health Insurance Corporation seized the instant right to collateral security on October 13, 2014, and completed its attachment registration on October 20, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

B. 1) The Plaintiff’s assertion 1) The instant right to collateral security has expired with the ten-year extinctive prescription period from the date of establishment of the instant right to collateral security. As such, the Defendants, the attachment authority of the instant right to collateral security, are obligated to express their consent to the registration of cancellation of the said right to collateral security, and the Defendants, the attachment authority of the instant right to collateral security right, are obligated to express their consent to the registration of cancellation of the right to collateral security right. 2) The Defendants, at the time of Namyang-ju, were delinquent in the local tax amounting to KRW 972,83,310, while the construction of the instant right to collateral security was doing business of constructing and selling apartment in

3. From August 2010 to July 2014, Defendant Newdo Construction, the National Health Insurance Corporation, together with KRW 1,460,573,760, including health insurance premiums, pension premiums, etc., was delinquent.