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(영문) 서울서부지방법원 2018.12.19 2017가합38068

근저당권말소

Text

1.(a)

The Plaintiff (Counterclaim Defendant) A, from March 21, 2018 to December 2018, 2018, paid KRW 613,257 to the Defendant (Counterclaim Plaintiff) D and its amount.

Reasons

Facts of recognition

The parties concerned Plaintiff A and B are the owners of 5/197 shares of 16.505/1,121.5 shares and 5/197 shares of 16.5/1,121.5 shares among the real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1”) and the real estate listed in paragraph (2) of the separate sheet No. 2 (hereinafter “the real estate No. 2”). Plaintiff C is the owners of shares of 16.49/1,121.5 shares among the real estate No. 1 of this case and 5/197 shares of the real estate No. 2 of this case

Defendant D is a person who was created by the Plaintiff A, C, and Defendant E, respectively.

On July 31, 2013, Plaintiff A, who created each right to collateral security against the Defendants, completed the registration of the Seoul Western District Court with respect to the share 16.505/1,121.5 among the instant immovable property No. 1, and the share 5/197 out of the instant immovable property No. 2, with respect to the share 16.505/1,121.5, and the share 5/197 out of the instant immovable property No. 2, and the registration of the creation of the right to collateral security (hereinafter “the right to collateral security”) with respect to the maximum debt amount of KRW 50,000 and KRW 34315, July 31, 2013, Plaintiff A (hereinafter “the right to collateral security”) with respect to the share 16.505/1,121.5 out of the instant immovable property No. 1, the registration of the Seoul Western District Court and the registration of the creation of the right to collateral security (hereinafter “the right”).

On May 21, 2015, Defendant D cancelled the right to collateral security in 2013 and 2014 upon Plaintiff A’s request, and completed the registration of creation of collateral security in 2013 and 16.5/1,121.5 shares among the instant real estate No. 1, and 5/197 shares among the instant real estate No. 2, as Seoul Western District Court’s registration and receipt of 34977 on May 21, 2015, the maximum debt amount of KRW 182 million (the sum of the maximum debt amount in 2013 and 2014) was KRW 182 million (the sum of the maximum debt amount in 2013 and 2014), Plaintiff A, the debtor, (hereinafter “the instant right to collateral security”).

Plaintiff

B On December 16, 2015, with respect to the share of 16.5/505/1,121.5 of the instant immovable property to Defendant E on December 16, 2015, the Seoul Western District Court’s registration and the maximum debt amount of 180 million won as the receipt on December 16, 2015.