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(영문) 부산지방법원 2017.11.01 2017가합44981

근저당권말소

Text

1. The defendant B, as the defendant

(a) As to the 1/2 shares (B's shares) in the land listed in paragraph 1 of the attached list, Busan District Court.

Reasons

1. Basic facts

A. On April 3, 2009, the Plaintiff was sentenced by the Busan District Court Decision 2008Kadan135642 against B, etc. that “B, etc. shall jointly and severally pay to the Plaintiff 243,671,598 won and 242,723,178 won among them, with 15% per annum from September 24, 2008 to December 27, 2008, and 20% per annum from the next day to the full payment date.” The above judgment became final and conclusive around that time.

B. After that, the Plaintiff recovered KRW 83,380,053 of the principal amount from B, etc.

C. Meanwhile, on May 16, 201, B and C completed the registration of ownership transfer on each of the lands listed in the separate sheet Nos. 1 through 4 (hereinafter “each of the instant lands”) on January 30, 193. ① On May 20, 2011, Busan District Court Decision 32666, as to the land listed in the separate sheet Nos. 2 through (4) of the same day, the maximum debt amount was KRW 550 million, the debtor corporation D (hereinafter “D”), the debtor corporation, the mortgagee, and the registration of ownership transfer on each of the instant lands listed in the separate sheet No. 31893, May 24, 201; ② the registration of the establishment of a mortgage was completed on each of the instant lands listed in the separate sheet No. 31893, May 24, 2011.

(hereinafter) The registration of the establishment of each of the above units is referred to as the “registration of the establishment of each of the units of this case.”

B is currently insolvent.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 4, Gap evidence 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s establishment registration of a mortgage of each of the instant claims in collusion between D and the Defendant without any obligation, and thus becomes null and void. Even if not, the Defendant’s claim against D, which is the secured claim of each of the instant claims, is a commercial claim, five-year extinctive prescription.