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(영문) 대구지방법원서부지원 2015.07.08 2014가단18982

근저당권말소

Text

1. Of each real estate listed in the separate sheet, Defendant A shall have regard to 3/7 shares for C, 3/7 shares for D, and 2/7 shares for E.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against the deceased F with the Daegu District Court 2005da358784, and the deceased died on December 23, 2004, and accordingly, the plaintiff's indication was corrected as the inheritor's spouse C, children D, and E (hereinafter "the heir of this case"). The above court rendered a final and conclusive judgment of the court below on May 22, 2006 that "for the plaintiff, for the plaintiff, for 15,789,703 won, for 11,396,05 won, for 4,511,343 won and for 3,256,015 won among the above amounts jointly and severally with C, for 4,51,343 won and for 3,256,015 won, calculated at the rate of 19.5% per annum from September 24, 196 to the day of full payment."

B. The instant inheritors are the owners of each of the instant land. As to each of the instant land, the registration of the vice-branch branch of the Daegu District Court and the registration of the establishment of each of the instant land as a collateral security holder of Defendant A was established on August 22, 1995 by virtue of the contract received on August 22, 1995, and the contract on August 22, 1995. The registration and the registration were received on September 11, 1995 and the registration were issued on September 58406, 1995, with the maximum debt amount of KRW 65 million on September 7, 1995 (hereinafter “the establishment of each of the instant mortgages”). Each of the instant mortgages was transferred to the Defendant B on February 13, 2013 on the ground that each of the instant mortgages was registered on February 18, 2013 and the contract transfer on February 13, 2013.

C. For each of the instant lands, provisional attachment of KRW 21,54,520 as claimed by the bankruptcy trustee of the Nam Daegu Credit Cooperatives, provisional attachment of KRW 9,219,398 as claimed by the bankruptcy trustee of the Daegu Credit Cooperatives, and provisional attachment of KRW 41,580,350 as claimed by the Seoul Guarantee Insurance Co., Ltd., respectively.

In addition, C’s small property amounting to KRW 57,220,607 as of May 12, 2015, and KRW 40,931,00 for MSS Mutual Savings Banks, and KRW 10,31,00 for Korea.