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(영문) 대구지방법원 2015.05.08 2014가단45161

근저당권말소

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1. On June 1, 1994, the Defendant registered the Daegu District Court with respect to one-half share of 506 square meters in Daegu Suwon-gu, Daegu-gu, the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) Since the land mentioned in this case is all the land located in Daegu Suwon-gu E before the division, the land indicated in this case refers to the land number omitted from the land indication.

For example, the land refers to “D before division”.

On June 30, 198, with respect to each one-half portion of the two shares in F, G, H, and I, the registration of each share transfer was completed on the ground of the donation made on the same day in the future of the Plaintiff. 2) On May 31, 1994, the Plaintiff entered into a mortgage contract with J on May 31, 1994, which provides that each one-half portion of the shares owned by the Plaintiff shall be set up to J, F, G, H, H, and I with the maximum debt amount of KRW 3 billion, and that the debtor K-W mortgage was set up to J on June 1, 1994. < Amended by Presidential Decree No. 14320, Jun. 1, 1994>

The J transferred the secured debt of each of the above secured debt to the Defendant on November 6, 1997, and completed the supplementary registration before November 7, 1997.

3) Before the division, D, after the division on July 6, 1998, refers to L(A) and M(A, 506㎡; hereinafter “instant land”). The collective security established on the instant land among the aforementioned collective security rights, refers to “the instant collective security” and “the instant collective security establishment registration” as “the instant collective security registration” and “the instant collective security establishment registration.”

B. B. The Defendant’s execution of the right to collateral security (i.e., the Defendant filed a motion for auction of real estate with Daegu District Court N on March 2, 2000 on the grounds of the right to collateral security (i.e., the instant land did not file a motion for auction), and on March 2, 200, the said court rendered a ruling of commencement of auction on March 4, 200, and the entry of the ruling of commencement of auction was registered on March 4, 200.

2) In the above auction procedure, the Defendant reported KRW 600 million as the amount of claim. On July 6, 2001, the above court prepared a distribution schedule with the content of distributing KRW 352,377,898 to the Defendant. 3) Accordingly, the Plaintiff filed a lawsuit of demurrer against the Defendant as Daegu District Court 2001Gahap12175 against the Defendant.