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(영문) 인천지방법원부천지원 2015.11.11 2014가단21207

근저당권설정등기

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1. The Defendants shall register the Plaintiff as to the real estate stated in the attached list in the Incheon District Court Kimpo-si.

Reasons

1. Basic facts

A. On May 27, 2004, the Plaintiff entered into a mortgage agreement with F on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”). On May 28, 2004, on the instant real estate, the Plaintiff: (a) entered into a mortgage agreement with F, and (b) on May 28, 2004, rendered to F, on the instant real estate, the registration of creation of a neighboring mortgage, which is the maximum amount of claims KRW 44 million; and (c) the debtor, the Plaintiff, as the Plaintiff,

B. The F died on December 5, 2007, and the Defendants jointly inherited F.

(The name of Defendant B was “G”, but was changed as of May 20, 2014. (C)

On May 26, 2014, the Defendants filed an application for voluntary auction of the instant real estate with the Incheon District Court Hacheon Branch H, based on the instant right to collateral security, and the said court decided to accept the application on May 27, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion 1) around 2003, F entered the successful bid for the fraternity, and was awarded a successful bid of KRW 34 million from May 31, 2004, and was demanded by F to guarantee the remainder of KRW 44 million that is not yet paid by F. The plaintiff, on May 25, 2004, set up the instant right to collateral against F with respect to the instant real estate owned by the plaintiff. After doing so, I opened the instant right to collateral against F with respect to the instant real estate as a security for the payment obligations of F, F, under the name of F, Defendant B (son's guardian to this organization's successful bid) on October 25, 2008, and paid the fraternity to F, in the manner of paying the above fraternity by paying it.

I shall pay to Defendant B the advance payment of KRW 10,00,000 for the advance payment in 2008, as well as for the remainder of the advance payment in 2003, from among the advance payment in April 25, 2010, after Defendant B paid the advance payment in the name of J, which is a father of the said advance payment system.