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(영문) 대전지방법원천안지원 2015.04.24 2014가합102534

근저당권말소

Text

1. Defendant B shall receive, on March 28, 201, the Daejeon District Court's Branch of the Incheon District Court with respect to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On March 22, 2011, with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), the establishment registration of a collateral security (hereinafter “mortgage creation registration”) or the instant collateral security (hereinafter “instant collateral security”) was completed on March 22, 201 with respect to each real estate indicated in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) of the Daejeon District Court’s establishment registration of a collateral security right amounting to KRW 325,00,000 (hereinafter “mortgage creation registration”) by the mortgagee B, the debtor, the maximum debt amount, 325,00,000, based on a contract establishing a collateral.

B. On May 16, 201, the Defendant Seoul Special Metropolitan City seized Defendant B’s instant collateral security claims on the grounds of Defendant B’s delinquency in payment of resident tax, etc., and completed the attachment registration of the instant collateral security claims in the form of additional registration of the establishment registration of the instant collateral security claims under the Daejeon District Court No. 5211 on the same day.

C. On April 1, 2014, the Defendant Credit Guarantee Fund received the seizure and collection order from the Seoul Southern District Court 2014TTT District Court 2014TTY6120 regarding Defendant B’s instant collateral security claims, and completed the seizure registration of the instant collateral security claims in the supplementary registration form of the registration of the establishment of a mortgage establishment in the form of an additional registration of the establishment of a mortgage establishment in the Daejeon District Court 5632 on June 11, 2014.

【Fact-finding without dispute over the ground for recognition, entry of evidence Nos. 1-1 through 4, and 2-2, and purport of the whole pleadings

2. The parties' assertion

A. A. A person who actually lends money to the plaintiff's assertion C is D. However, since D is a foreign nationality, and the registration of establishment of a mortgage of this case was completed under the name of defendant B for convenience, there is no claim for collateral security of this case by defendant B.

Therefore, the registration of the establishment of the mortgage of the defendant B, which is the secured claim, should be cancelled, and the defendant Seoul Special Metropolitan City and the Korea Credit Guarantee Fund should express their consent to the cancellation thereof.

B. Defendant B’s assertion by the Seoul Special Metropolitan City and the Korea Credit Guarantee Fund is based on the instant collateral security.