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(영문) 대구지방법원 2017.11.23 2016가단130087

근저당권말소

Text

1. C:

A. As to the real estate listed in the separate sheet No. 1 to 3 and 5 real estate listed in the separate sheet No. 1 to 5.

Reasons

1. Basic facts

A. On May 31, 2007, the Plaintiff filed the Daegu District Court 2006Gau434708 claim against C, and the Defendant (C) was sentenced to the Plaintiff to pay to the Plaintiff 23,266,864 won and 14,727,164 won with 17% interest per annum from April 1, 2005 to the date of full payment. The judgment became final and conclusive.

B. On February 12, 199, the Yongsung Saemaul Depository concluded a mortgage agreement with the obligor C as to real estate 1 through 5 as indicated in the separate list owned by C, with the maximum debt amount of KRW 13,00,000,000, and the mortgage agreement with the obligor C (hereinafter “one collateral security agreement”). On February 13, 1999, the registration of the establishment of a mortgage was made on February 13, 199 by the Daegu District Court No. 6027. On April 3, 2001, the Yongsung Saemaul Depository concluded a mortgage agreement with the obligor C with the maximum debt amount of KRW 7,00,000,000 as to the six real estate listed in the separate list owned by C (hereinafter “second collateral security agreement”). The registration of the establishment of a mortgage agreement with the registry office of the Daegu District Court was established under Article 12635.

On November 30, 2004, the Yongsung Saemaul Fund was merged into the Defendant Saemaul Fund, and accordingly, each of the above collateral security belongs to the Defendant Saemaul Fund.

C. On June 14, 2002, Defendant A entered into a mortgage agreement with the maximum debt amount of 6,00,000,000 won, and the debtor C as to the real estate indicated in the attached list as indicated in the attached list as of June 14, 200, and five real estate indicated in the attached list as to the attached list (hereinafter “third collateral mortgage agreement”), and registered the establishment of a mortgage agreement with the Daegu District Court as of No. 2990. D. Defendant B was a person other than the third party of C, and on July 22, 2005, the establishment of a mortgage agreement with the debtor C as to the real estate indicated in the attached list as of the attached list as of the maximum debt amount of 70,000,000,000 won, and as of July 36, 2006, the registration of the establishment of a mortgage agreement with the Busan District Court as of No. 34726.