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(영문) 대전지방법원논산지원 2015.11.19 2015가단20615

근저당권말소

Text

1. Defendant A shall make a registration office of Daejeon District Court on each real estate listed in the separate sheet to Defendant A. < Amended by Presidential Decree No. 1787, Dec. 31, 2002>

Reasons

Basic Facts

A. On February 21, 1998, the defendant Huam Agricultural Cooperatives (hereinafter the "Defendant YAC") completed the registration of creation of a neighboring mortgage amounting to KRW 23,00,000 on the ground of a contract to establish a contract on February 20, 1998 with respect to each real estate listed in attached Tables 1 and 2 of the List Nos. 1 and 3 owned by C. 2 of the Daejeon District Court No. 2213.

(hereinafter referred to as “the establishment registration of the first place of the instant case” and the right to be published by the said registration shall be “the first place mortgage of the instant case”). B.

On December 31, 2002, Defendant A completed the registration of the establishment of a neighboring mortgage with the Daejeon District Court No. 2128, the maximum debt amount of KRW 20,000,000, based on the basis of the contract to establish a contract on March 4, 2002 with respect to each real estate listed in the separate sheet owned by Defendant A.

(hereinafter referred to as “the establishment registration of the second place mortgage of this case” and the right to be published by the said registration shall be deemed to be the “the second place mortgage of this case”).

C A. On April 3, 2007, the deceased on April 3, 2007, and the first heir was D (spouse), E, and F (P). On May 23, 2007, the heir filed a report to waive the deceased’s inheritance, and on June 11, 2007, the said judgment became final and conclusive at that time (the Daejeon District Court Branch Branch Decision 2007Ra14), and accordingly, the deceased’s mother, who is the second heir, inherited the deceased’s property solely. D.

On January 28, 2015, the above Seoul Central District Court rendered a judgment on the claim for the takeover amount claim between the Plaintiff and B, which read, “B shall pay to the Plaintiff 12,489,002 won and 10,118,464 won among them, 18,464 won per annum from February 22, 2004 to March 7, 2004; and 20% per annum from the next day to the day of full repayment.” The above judgment was finalized on March 3, 2015.

E. At present, B does not have any particular positive property.

[Ground of recognition] Unsatisfy, Gap evidence 1-6, entry of Gap evidence 2-1-3, and issuance of this court.