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(영문) 창원지방법원거창지원 2019.08.20 2019가단10205

근저당권말소

Text

1. The defendant C shall provide creative support, etc. to the Changwon District Court on each real estate listed in the attached Table 2. < Amended by Presidential Decree No. 13034, Sep. 14, 1993>

Reasons

1. Basic facts

A. On April 15, 2015, the Plaintiff was rendered a favorable judgment against Nonparty D with the purport that “The Defendant (D) shall pay to the Plaintiff the amount of KRW 37,168,545 and the amount of KRW 11,00,000 per annum 22% per annum from August 9, 2013 to the date of full payment,” and the judgment became final and conclusive on April 12, 2016 following an appeal and appeal.

B. (i) The owner of the real estate listed in the attached Table 1 and the real estate listed in the attached Table 2.

on August 23, 1996, Luxembourg concluded a mortgage establishment agreement with Defendant B with the content that the real estate listed in attached Table 1 as joint collateral, and on August 23, 1996, on the basis of the agreement, on August 23, 1996, the registration of creation of a mortgage (hereinafter collectively referred to as the "registration of creation of a mortgage") was completed on each of the following dates: (a) No. 10744 on the same date of machinery, including the creation support, etc. by the Changwon District Court; (b) No. 25,000,000 won for the above real estate; (c) the debtor D, the mortgagee; (d) the mortgagee

On September 13, 1993, Defendant C entered into a mortgage agreement with the contents of the real estate listed in attached Table 2 as a joint security, and on September 14, 1993, on September 14, 1993, Defendant C completed the registration of creation of a collateral (hereinafter referred to as “the registration of creation of a collateral for the second class mortgage”) with each of the following items: (a) No. 12862 on the same day of the machinery, including the establishment support by the Changwon District Court; (b) No. 15,000,000,000, and (c) No. 12862 on September 14, 1993

[Based on the recognition] Defendant B: A without dispute, each entry of Gap evidence 1 through 5 (including the provisional number; hereinafter the same shall apply), and the purport of whole pleadings: Defendant C: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Regarding the real estate listed in the list of attached Table 1 after the registration of the creation of the first and second collateral of the Plaintiff’s claim, Defendant B shall each be subject to the real estate listed in the list of attached Table 2, and Defendant C shall be subject to the attached Table 2.