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(영문) 서울중앙지방법원 2020.09.11 2020가합522483

근저당권말소

Text

The defendant shall make June 2002 to C with respect to each real estate listed in the attached list of the Busan District Court and the Busan District Court Branch of Dongsan Branch of the District Court.

Reasons

1. Indication of claim;

A. On January 9, 2014, the Plaintiff filed a lawsuit against C with Changwon District Court 2013Gahap32048, and rendered a judgment to pay C the amount calculated by applying the rate of 5% per annum to D Co., Ltd., E Co., Ltd., and F Co., Ltd., and the Plaintiff jointly and severally with the Plaintiff 74,602,822 won and the amount calculated by applying the rate of 5% per annum from May 8, 2013 to the date of full payment, and the amount of KRW 371,256,975 and the amount of KRW 78,397,178 from May 8, 2013 to the date of full payment.

The above judgment became final and conclusive around that time.

B. As to each real estate listed in the separate sheet owned by C, the Defendant, Busan District Court, the East Busan District Court Branch of the Dongsan Branch of the District Court, No. 40154, Jun. 12, 2002, completed the registration of creation of a mortgage over the debtor G Co., Ltd. and the maximum debt amount of KRW 1,00,000.

C. The secured claim of the foregoing right to collateral security does not exist, or the period of five years as stipulated in Article 64 of the Commercial Act has expired. D.

Therefore, the defendant is obligated to implement the registration procedure for cancellation of the registration of the establishment of the above neighboring mortgage, and the plaintiff can seek the implementation by subrogation of C as a creditor of C.

2. Judgment on deeming confessions based on the grounds (Articles 150 (3) and 208 (3) 2 of the Civil Procedure Act);