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(영문) 서울중앙지방법원 2017.10.17 2017가합517757

근저당권말소

Text

1. Defendant B: (a) on July 201, 201, the Jeju District Court: (b) on each real estate listed in the separate sheet No. 1 attached hereto; and (c) on each real estate.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet No. 1, 2, and 3 (hereinafter “each of the instant real estate”). To obtain a loan from the Defendant B, the Plaintiff completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 1.22 billion with respect to each of the real estate listed in the separate sheet No. 3012, Jul. 2, 201; the registration of the establishment of a mortgage over the maximum debt amount of KRW 1.22 billion with respect to each of the real estate listed in the separate sheet No. 45429, Nov. 21, 2011; the registration of the establishment of a mortgage over the maximum debt amount of KRW 1.22 billion with respect to each of the real estate listed in the separate sheet No. 45429, Jun. 20, 2013; and the registration office No. 25491, Jun. 20, 2013.

(hereinafter referred to as the “registration of establishment of each of the instant units” in total. (b)

On April 28, 2014, the registration of establishment of a new mortgage was completed with E on April 28, 2014, and Defendant C and D completed the provisional disposal of the right to claim the cancellation of the registration of establishment of a new mortgage on May 23, 2014 with regard to the registration of establishment of a new mortgage on April 28, 2014.

C. Defendant C, based on the executory payment order in the Seoul Southern District Court case No. 2007Da3796, Apr. 30, 2014, based on the executory payment order in the Seoul Southern District Court case No. 2007Da3796, Defendant C received the seizure and collection order of collateral security claims and the collection order by designating the debtor as the Defendant B and the third debtor as the Plaintiff (Seoul Central District Court No. 2014T. 20153), Defendant D received the seizure and collection order of collateral security claims (Seoul Central District Court No. 2014T. 207Hu3793) from May 2, 2014, based on the executory payment order in the Seoul Southern District Court case No. 2007Da3796, May 2, 2014, and the debtor as Defendant B and the third debtor as the Plaintiff.

(Seoul Central District Court 2014TTTT12152). D.

Defendant C and D shall file a lawsuit to revoke a fraudulent act against E (JJ District Court 2014Da48234) on December 17, 2014 between E and the Defendant B.