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(영문) 인천지방법원 2019.11.27 2019가단223500

근저당권말소

Text

1. The Plaintiff:

A. As to each real estate listed in the separate sheet, Defendant B shall be registered with the Incheon District Court on June 7, 201.

Reasons

1. Facts of recognition;

A. On September 3, 2012, the Plaintiff: (a) donated each real estate listed in the separate sheet (hereinafter “each of the instant real estate”); and (b) was the owner of each of the instant real estate, who completed the registration of ownership transfer on the same day, from E, the former owner and his spouse; and (c) was the owner of each of the instant real estate on the same day.

B. On June 2, 2011, E entered into a mortgage agreement with Defendant B, which provides each of the instant real estate owned by Defendant B as collateral for the debt owed to Defendant B. As to each of the instant real estate, the registration of the establishment of the mortgage agreement, which was based on Defendant B, the debtor, the maximum debt amount of Defendant B, the obligor, and the maximum debt amount of Defendant B, 28,000,000, was completed each by the registration office of the Incheon District Court as of June 7, 2011.

(hereinafter “instant collateral security registration”) C.

Defendant B filed an application for a voluntary auction of real estate with the Incheon District Court F regarding each of the instant real estate, with the amount claimed as KRW 21,480,000 on July 12, 2012, and the decision to commence the auction of real estate was issued on July 13, 2012.

(hereinafter “The secured claim in this case”) D.

E transferred 21,480,000 won (2 times 10,000,000 won, 1,480,000 won) from his own account to the account under the name of Defendant B on August 24, 2012, and fully repaid the secured debt of this case.

Defendant B, at least five days thereafter, on August 29, 2012.

The request for the auction of real estate under subsection (1) was withdrawn.

E. Meanwhile, on the other hand, on January 14, 2013, Suwon City (the indication on the registry, “Usu-si”) seized the instant secured claim. The Incheon District Court’s registration of the instant real estate was received on January 16, 2013, and completed the additional registration of seizure of the secured claim regarding the instant real estate as to the registration of the instant secured claim. The Defendant Republic of Korea seized the instant secured claim on July 27, 2016, and issued the Incheon District Court’s registration No. 253807, Aug. 4, 2016.