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(영문) 대구지방법원김천지원 2016.07.20 2015가단30233

근저당권말소

Text

1. The Plaintiff:

A. Defendant B: (a) on the real estate listed in paragraph (1) of the attached Table No. 1, the Daegu District Court Kimcheon Branch, 2013.

Reasons

1. Facts of recognition;

A. On November 30, 2011, Defendant C completed the registration of ownership transfer for reasons of sale on November 18, 2011, with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”), and with respect to each individual real estate according to the sequences listed in the separate sheet, the registration of ownership transfer was completed on November 18, 201.

B. F borrowed KRW 100 million from G (the Plaintiff’s birth) on January 4, 2013 to promote the new construction of urban-type residential housing on the instant real estate ground.

H on April 1, 2013, H, I, F, and J issued to G a promissory note with a maturity of the above borrowed amount of KRW 250 million, maturity of the borrowed amount of KRW 250 million, interest rate of KRW 20% on August 31, 2013, and KRW 325 million on face value.

C. On January 3, 2013, Defendant C completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate, which is KRW 200 million with the maximum debt amount, Defendant C and the Plaintiff of the said right to collateral security (hereinafter “instant right to collateral security”).

Defendant B completed the registration of ownership transfer on February 18, 2013 with respect to real estate No. C from March 22, 2013.

E. On December 26, 2013, H and F had K, a certified judicial scrivener, arbitrarily, without being delegated by the Plaintiff to cancel the registration of the establishment of the instant neighboring real estate, applied for the cancellation of the registration of the establishment of the instant neighboring real estate by using the registration certificate, etc. kept by F. Accordingly, with respect to the instant real estate No. 32362, Dec. 26, 2013, the registration of the establishment of the instant neighboring real estate was revoked on the ground of the cancellation on the same day, No. 32363, Dec. 26, 2013, as to the instant real estate No. 32363, Dec. 26, 2013.

F. On July 8, 2014, Defendant Kimcheon-si completed the registration of seizure on the real estate on July 1, 2014, and on October 6, 2014, Defendant Eul completed the registration of ownership transfer for the real estate on October 2, 2014 with respect to the first real estate on October 6, 2014.