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(영문) 서울중앙지방법원 2017.05.16 2014가단5348972

근저당권말소

Text

1. With respect to the real estate stated in the attached list between the defendant and C, the Seoul Northern District Court, Dongdaemun-gu registry office of the Seoul Northern District Court on January 15, 2007.

Reasons

1. Basic facts

A. On May 19, 2006, the Plaintiff received a provisional attachment order of KRW 176,623,815 against C on the claim amount of Seoul Southern District Court 2006Kadan10942, and on May 23, 2006, the provisional attachment registration based on the provisional attachment order was entered in the real estate of this case, which was owned by C. 2) on May 20, 2009 between C and the Plaintiff (Seoul High Court 2008Na9040 (main claim), 2008Na90417 (Counterclaim)), and C was the counter Defendant at the lawsuit between C and the Plaintiff (Seoul High Court 200,000,000 and the amount calculated at a rate of 20% per annum from January 1, 2009 to the date of full payment. The decision in lieu of the above provisional attachment order became final and conclusive.

3) On November 12, 2012, the Plaintiff filed an application for compulsory auction on the instant real estate upon the said decision, and the decision to commence compulsory auction was revoked on May 16, 2013, and the application for compulsory execution was dismissed. (B) On the instant real estate, the Seoul Northern District Court’s Dongdaemun District Court registry No. 2860, Jan. 15, 2007, the registration of the establishment of the instant neighboring real estate under the name of the Defendant with the maximum debt amount of one billion won was completed.

The contract to establish a mortgage of this case dated January 12, 2007 states that "the mortgagee of the mortgage of this case shall set up a collateral co-mortgage which the debtor bears or will bear to the creditor within the extent of the above amount."

2) On July 25, 2007, with respect to the portion of 18.26/7418.63 out of the instant real estate, the registration of transfer of ownership was made on the ground of sale to E on July 25, 2007. 3) On January 28, 2008, a decision to commence compulsory execution was made upon application by a several ordinary stock company with respect to the portion remaining as C in the instant real estate, but the said application for compulsory execution was dismissed on August 27, 2008.

4 The Defendant is the Seoul Central District Court F.