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(영문) 울산지방법원 2016.06.21 2015가단29250

근저당권말소

Text

1. The Defendant completed on June 10, 201 by the Ulsan District Court (Seoul District Court) No. 50658, Jun. 10, 2010.

Reasons

1. Basic facts

A. 1) The Plaintiff’s real estate indicated in the attached Form (hereinafter “instant real estate”)

(2) On January 14, 2005, the Plaintiff entered into a mortgage agreement with the Plaintiff on June 9, 2010 with respect to the instant real estate as the maximum debt amount of KRW 30 million, and B (the wife of the Plaintiff), and completed the registration of creation of a neighboring mortgage (hereinafter “the instant mortgage creation agreement”) on June 10, 2010.

3) On August 16, 201, I transferred the instant right to collateral security to the Defendant following a contract transfer made on August 16, 201, and completed a supplementary registration for the transfer of collateral security in the future to the Defendant on February 22, 2012. (B) On September 21, 2009, I acquired a decision to commence rehabilitation procedures on November 13, 2009 upon filing an application for rehabilitation procedures with the Seoul Central District Court 2009Hun-Ga155 on September 21, 2009, and was decided to discontinue rehabilitation procedures on January 26, 201, and was appointed as C in bankruptcy with the Seoul Central District Court 201Hahap-14 on the same day, and thereafter the bankruptcy procedures were concluded on May 29, 2014.

2) The Plaintiff’s wife concluded a franchise agreement with the Plaintiff on June 9, 2010 on the instant real estate as an agent with the Plaintiff, which entered into a mortgage agreement with the Plaintiff, in order to secure the sales obligation of the Plaintiff, to establish a mortgage agreement with the Plaintiff on the real estate owned by the Plaintiff, including the agent, and completed the registration of establishment of a mortgage in the future of the Plaintiff. (iii) The Plaintiff’s wife B entered into a franchise agreement with the Plaintiff as an agent with the Plaintiff on June 9, 2010.

2 As described in paragraph 2, June 10, 201.