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(영문) 서울남부지방법원 2018.11.06 2018가단206107

근저당권말소

Text

1. Nonparty C:

A. As to the real estate listed in the separate sheet No. 1, Defendant Samsan Construction Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against C with the Seoul Central District Court No. 2011Gada1145488, and on February 17, 2011, the said court rendered a decision of performance recommendation that “C shall pay to the Plaintiff KRW 19,779,114, and delay damages therefor,” and the said decision became final and conclusive around that time.

B. On the other hand, the registration of establishment of a neighboring real estate mentioned in the separate sheet was completed as follows.

1) As to the real estate listed in the attached list No. 1, Seoul Southern District Court (Seoul Southern District Court Decision 15438, Dec. 16, 1999; hereinafter “Defendant Samchid Construction”) Co., Ltd. (hereinafter “Defendant Samchid Construction”).

(1) The establishment registration of a mortgage on the basis of the maximum debt amount of 35 million won (hereinafter “first mortgage”) shall be deemed as the establishment registration of a mortgage.

(2) As to real estate indicated in the separate list No. 2, Seoul Southern District Court No. 79923, Aug. 21, 1998, the registration of the establishment of a mortgage consisting of the debtor D, mortgagee E, the maximum debt amount of KRW 15 million, and the registration of the establishment of a mortgage on December 16, 1999, which was accepted as of December 16, 199, shall be additionally registered in addition to the transfer of the right to collateral security, Defendant C, the debtor of the same registry No. 154340, Dec. 16, 1999 (hereinafter referred to as the “second-mortgage”), and the second-half priority with the Seoul Southern Southern District Court No. 1432, Nov. 18, 1999; the debtor C, the mortgagee B, the defendant B, the maximum debt amount of KRW 35 million, and the registration of the establishment of a mortgage on December 13, 1993 (hereinafter referred to as the “Attachment No. 3”).

A person shall be appointed.

C. As of the date of closing argument of the instant case, C is in insolvent.

[Based on the recognition] Comprehensive Construction for Defendant C: The fact that there is no dispute, and the number of evidence Nos. 1 and 2 is included in the confessions (Article 150(3) of the Civil Procedure Act).