beta
(영문) 대전지방법원 2020.07.01 2019가단123745

근저당권말소

Text

1. The Defendant is the Daejeon District Court No. 43549, Apr. 11, 201 with respect to the real estate stated in the attached list to D.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body composed of the sectional owners of Daejeon Seo-gu Officetel (hereinafter “the instant officetel”), and has management expenses claim for D with respect to the instant officetel E and F.

B. On November 8, 1984, the defendant reported a marriage with D on November 8, 1984, but the agreement was married on August 24, 199.

C. D on July 7, 2004, acquired real estate listed in the separate sheet (hereinafter “instant real estate”) in the auction procedure. D.

On November 10, 2010, the Plaintiff filed a lawsuit against D with this Court No. 2010Da55603, supra. On April 14, 2011, when the said lawsuit was pending, D entered into a mortgage agreement with the Defendant on the maximum debt amount of KRW 70 million with respect to the instant real estate, and on the same day, the registration of creation of mortgage was completed as of April 11, 201 by Daejeon District Court No. 43549, Apr. 11, 201.

E. D did not continuously pay the management expenses of the instant officetel, and the Plaintiff filed a new lawsuit against D as the court of this Court No. 2015Da34052, and on February 4, 2016, the said court rendered a favorable judgment against the Plaintiff that “D shall pay to the Plaintiff KRW 165,919,300 and damages for delay for delay of KRW 153,716,890 among them,” and the said judgment became final and conclusive around that time.

The management expenses unpaid to the plaintiff by D as of August 2, 2019 are KRW 248,634,504.

F. D currently has no ability to repay in excess of the active property.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 6 (including additional number), Eul evidence 1

2. Determination as to the cause of action

(a) The right to collateral security is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future, which is established with a view to securing a certain range of unspecified claims arising from a continuous transaction at a settlement term in the future;