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(영문) 서울중앙지방법원 2018.05.31 2017가단5003492

근저당권말소

Text

1. Of the Plaintiff’s lawsuit against Defendant A, the registration of the establishment of each of the mortgages on the 1, 2, 3, and 5 real estate indicated in the attached Table.

Reasons

1. Basic facts

A. In the case of claim for reimbursement against B et al. filed by the Plaintiff against B et al., Seoul Central District Court Decision 2009Da406060 decided that “B Co., Ltd. shall pay to the Plaintiff KRW 97,953,131 and delay damages therefor,” and the above judgment became final and conclusive by the Do having the appeal period.

Based on the above judgment, the Plaintiff has a claim amounting to KRW 209,010,020,020 in total for principal and delay damages against B as of December 22, 2016.

B. On December 13, 1993, with respect to each immovable property indicated in the separate record, B Co., Ltd. created and executed the right to collateral security (hereinafter “each of the instant collateral security”) with respect to each of the instant immovable properties owned by it, with respect to KRW 150,000,000 for maximum debt amount, and KRW 150,000 for Defendant A to be the debtor B Co., Ltd., and the Defendant Republic of Korea completed the attachment registration of the right to collateral security on July 11, 201 by the same registry office, which received on July 11, 2011.

C. On June 24, 2016, the Korea Asset Management Corporation requested the Korea Asset Management Corporation to sell real estate in attached Form 1, 2, 3, and 5 on the grounds of the default of local taxes of the Company B (hereinafter “instant public auction procedure”).

In the above public sale procedure, real estate stated in the attached Form 1, 2, 3, and 5 was sold to KRW 119,984,00, and the Korea Asset Management Corporation, on March 31, 2017, prepared a distribution statement that allocates the amount remaining after being appropriated from KRW 119,92,150 to KRW 4,310,970 as disposition fee for arrears from KRW 119,92,150 to KRW 4,310,970 to KRW 396,720 to the Eunpyeong-gu Office in the order of 2,30,40 to KRW 114,107,720, and KRW 5 to Defendant A in the order of 1,176,740 to the Seodaemun-gu Office.

B Company is in insolvent because it does not own any property at present.

[Ground of recognition] Unsatisfy, A(1) through (3)