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(영문) 대구지방법원 2020.03.06 2019가단141231

근저당권말소

Text

1. The defendant shall enter the attached Form 2 collateral list on the real estate stated in the attached Table 1 list to the plaintiff.

Reasons

1. Basic facts

A. On May 31, 2019, the Plaintiff obtained approval from the Daegu Metropolitan City Mayor for a housing construction project plan with the content of 19,080.4m2, Daegu-gu and 147 lot project site size, 86 units of apartment buildings of 6 stories above 49 stories above ground, and officetels 256 units. Defendant Intervenor C and D are the owners (1/2 shares each of the instant real estate) of the real estate listed in the [Attachment 1] list of real estate (hereinafter “instant real estate”) located in the instant project site, and the Defendant is the mortgagee of the right to collateral security listed in the [Attachment 2] list of collateral security (hereinafter “instant collateral security”) with respect to the instant real estate.

B. In accordance with the right to demand sale under Article 22 of the Housing Act, the Plaintiff filed a lawsuit against the Defendant’s Intervenor for the claim for ownership transfer registration under the Daegu District Court 2019Gahap205866, and the said court rendered a judgment on February 7, 2020 that “C and D shall pay KRW 343,493,255, respectively, from the Plaintiff, and shall implement the procedure for ownership transfer registration for each of the instant real estate on January 16, 2020, and deliver the said real estate to the Plaintiff”

(hereinafter referred to as “related prior judgment.” The Intervenor appealed from the above judgment and the appellate court of the pertinent prior judgment continues to exist as the Daegu High Court 2020Na21030.

C. On February 7, 2020, the Plaintiff deposited KRW 343,493,255 in Seoul Central District Court Decision No. 2020, No. 3092, the Intervenor joining the Defendant as the principal deposit, and KRW 343,493,255 in the Daegu District Court Decision No. 2020, No. 920, the Intervenor joining the Defendant as the principal deposit, and KRW 343,493,255 in each case.

In addition, on February 17, 2020, the Plaintiff deposited KRW 1,238,74,370 with the Defendant as the principal and interest of the secured debt of this case, which was established on the real estate of this case as the Daegu District Court No. 1061 in 2020, with the Defendant as the principal and interest of the secured debt of this case as the principal deposit.

E. The instant collateral security is secured.

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