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(영문) 광주지방법원 2016.01.15 2015나6346

근저당권말소

Text

1. Revocation of a judgment of the first instance;

2. Claim concerning real estate Nos. 1 to 8 listed in the separate sheet among the instant lawsuits.

Reasons

The Plaintiff was the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On March 7, 2011, the Plaintiff concluded a mortgage agreement with the Defendant regarding each of the instant real estate with a maximum debt amount of KRW 500 million, and entered into the same month.

8. The establishment registration of the neighboring mortgage (hereinafter “registration of each of the instant mortgage”) was completed to the Defendant.

On February 15, 2011, E, a director of the Defendant, paid KRW 90 million to a medical corporation C (hereinafter “C”) (hereinafter “C”).

E filed a lawsuit with the Jeonju District Court seeking payment of KRW 90 million (No. 201Gadan26911) on August 19, 2011. On October 17, 2012, when the Plaintiff participated as a conciliation intervenor on the conciliation date as of the instant case, the said court made a decision in lieu of conciliation with the main contents of the following provisions, and on January 3, 2012 due to the absence of both parties to the said decision, the amount of KRW 45 million shall be paid to E until November 30, 2012.

2. E and the Defendant shall receive C the money set forth in paragraph 1 from C at the same time:

A. E or the defendant holds against the plaintiff:

Of the claims secured by the right to collateral security stated in paragraph (1), KRW 45,000,00 shall be transferred and notified to the Plaintiff; and

B. As to each of the instant real property, the Gwangju District Court performed the registration procedure for partial transfer of the right to collateral security regarding the maximum debt amount of KRW 500,000,000, out of the maximum debt amount of KRW 500,000,000, which was completed on March 8, 201 with respect to each of the instant real property by the Sungsung District Court

(c) withdraw the application for provisional attachment No. 2011 Chicago4602 by the Seoul Western District Court.

11.14. The above decision became final and conclusive.

C On December 4, 2012, it completed the supplementary registration of partial transfer of the right to collateral security on the ground of the subrogation of KRW 250 million with respect to the above right to collateral security.

[Based on recognition] Evidence A 1 to 4, Evidence B 1 to 3, and 5 respectively.