근저당권말소
1. Revocation of the first instance judgment.
2. The Plaintiff:
A. As to the real estate listed in the separate sheet, Defendant B.
1. Basic facts
A. On July 19, 2008, the Plaintiff sold 264.46 square meters among the real estate listed in the attached Table (hereinafter “instant land”) to Defendant B, as KRW 45,50,000, the Plaintiff entered into a sales contract with Defendant B on the date of the contract, and KRW 5,000,000,000, the remainder of KRW 40,500,000, on August 27, 2008, respectively.
The Plaintiff received KRW 45,500,000 from Defendant B around that time.
B. On August 5, 2008, the Plaintiff determined the maximum debt amount of the instant land as KRW 45,500,000 as the maximum debt amount, under Article 35378 of Suwon District Court’s receipt registry office, as to the instant land, and completed the registration of creation of a mortgage on the part of the debtor, the mortgagee, and the defendant B.
(C) The aforementioned right to collateral security is “the instant right to collateral security,” and the registration of the establishment of the instant right to collateral security (hereinafter “the establishment of the instant right to collateral security”).
On November 5, 2014, Defendant C received a provisional disposition prohibiting the disposal of the instant collateral security (hereinafter “instant provisional disposition”) with respect to the right to claim a division of property according to divorce with Defendant B as the preserved right, and the provisional disposition was completed on November 6, 2014.
From January 21, 2015, the first instance court of the divorce lawsuit between the Defendants (U.S. District Court Decision 2011ddan1268, 2014ddan976 (Counterclaim), the Defendants shall be divorced by the principal suit, and the Defendants shall be divorced. Defendant C shall pay to Defendant B the 30,000,000 consolation money with 5% interest per annum from March 20, 201 to January 21, 2015, and 20% interest per annum from the next day to the day of full payment. Defendant B shall pay to Defendant C property division of KRW 196,000,000 and 195% interest per annum from the day after this judgment becomes final to the day of full payment.”
Accordingly, the defendant C appealed and the defendant B appealed incidental appeal, and the appellate court [the District Court 2015Reu590 (the main office, ...).