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(영문) 대전고등법원 2019.06.12 2018나14920

근저당권말소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Voluntary auction procedure commences for each real estate listed in the separate sheet 1) F Co., Ltd. (hereinafter “F”).

(3) On January 4, 2012, the Plaintiff borrowed KRW 1.32 billion from the G Association, and then borrowed KRW 1.32 billion from the G Association, the Plaintiff’s each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by F in the G Association.

(2) As to F, on October 28, 2013, the establishment of a mortgage was completed over the maximum debt amount of 1.7 billion won. 2) F shall hold a board of directors on the following: (i) the F’s creditor’s claim amount of 1.1 billion won; (ii) the F’s claim amount of 80 billion won; (iii) the J and K’s claim amount of 60 billion won, respectively; and (iv) the amount of L’s claim shall be subsequently determined through accounting appraisal; (ii) the remainder of 1.1 billion won is transferred to I; and (iii) the amount of 97 billion won out of H’s claim of 1.3 billion won + the amount of 1.7 billion won (i.e., the existing claim of 80 billion won + the amount of 6 billion won that has been acquired from H; and (iv) the existing claim of 3 billion won in proportion to the existing obligees’s claim of 6 billion won in proportion to the amount of 3 billion won in J’s claim of 200 billion won.

According to the above resolution of the board of directors, the maximum debt amount of each of the real estate in this case was KRW 1.5 billion, the debtor, the debtor, the debtor, the debtor, the debtor, the defendant, K, and the J.

3) On January 22, 2014, G Union filed an application for voluntary auction of each of the instant real estate with the Daejeon District Court Seosan Branch M, and the said court rendered a decision to commence the auction of each of the instant real estate on the same day. (B) The Plaintiff’s acquisition of ownership of each of the instant real estate and the financing of each of the instant real estate.