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(영문) 청주지방법원 영동지원 2017.01.20 2016가단4487

근저당권말소

Text

1. As to each real estate listed in the separate sheet to Nonparty B, the Defendant shall have the Cheongju District Court (Cheongju District Court) as to each real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. B on November 19, 1993, the registration of collateral security under the name of the Defendant was made, B, to the Defendant, who was his fraud, the Defendant, who was the Defendant, the 301 square meters in size prior to the division (hereinafter “land prior to the division”).

As to the real estate stated in the attached list No. 2, the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 200,000,000, the debtor B and the debtor as the defendant (hereinafter the above collateral security is referred to as the "mortgage of this case") was completed.

2) On April 6, 2007, the subdivision registration was completed as the real estate listed in the separate sheet Nos. 1 and 3 on April 6, 2007.

(hereinafter referred to as “each of the instant real estates” in the separate sheet b).

The Plaintiff’s final and conclusive judgment on the Plaintiff’s B, etc. and the interest and interest thereon 1) The Plaintiff is a D Co., Ltd. (hereinafter “D”) on June 13, 2014.

(2) On November 14, 2014, the lower court rendered a judgment in favor of the Plaintiff that “The Defendant jointly and severally paid to the Plaintiff an amount of KRW 212,252,840 and KRW 50,275,340 per annum from January 1, 2011 to the date of full payment” with the Defendant as the Defendant for KRW 201-Ga24379, and the said judgment became final and conclusive around that time.

3) The principal and interest of the Plaintiff’s claim against B under the above final judgment is KRW 254,948,320 as of June 29, 2016. (c) B prepared and delivered a certificate of authentication (hereinafter “instant certificate”) to the Defendant around November 18, 2016 during the instant lawsuit, and the Defendant submitted it to this court on November 21, 2016.

2. The main content of the certificate of this case was that “B borrowed business funds to the Defendant who was a fraud, and completed the registration of collateral security in this case. However, the business was subsequently defaulted and did not fully repay it.

It is necessary to recognize that the obligation to be borne by the defendant is true, and to fully pay it.