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(영문) 창원지방법원거창지원 2017.10.31 2016가단2258

근저당권설정등기 말소등기

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1 The defendant shall receive on September 28, 2012 from C the Changwon District Court Development Registry with respect to each real estate listed in the attached list.

Reasons

1. Basic facts

A. From October 1, 200, C leased and operated B on the ground of Bosong City, a corporation, from the YA on the leased and operated of C. On March 17, 2007, the Plaintiff entered into a contract with C to engage in the marriage photographing business within the above E and paid KRW 75 million to C. The F Co., Ltd acquired the ownership of the said E and its land for the relocation business of its head office on October 2, 2012.

B. On November 8, 2012, the Plaintiff filed a lawsuit seeking payment of KRW 75 million with Hongsung Branch of the Daejeon District Court (Seoul District Court Decision 2012Kadan10225). The judgment below rendered a judgment that “C shall pay to the Plaintiff the amount of KRW 75 million and the amount calculated at the rate of KRW 20% per annum from January 23, 2013 to the date of full payment” and the judgment became final and conclusive at that time.

C. Meanwhile, on November 28, 1996, C’s father G completed the registration of ownership transfer for each land listed in the separate sheet Nos. 1 and 2, and on June 9, 199, C completed the registration of ownership transfer for buildings listed in the separate sheet Nos. 1 (hereinafter “each of the instant real estate”) on the above land’s ground, and died on April 27, 2001, and C completed the registration of ownership transfer for each of the instant real estate by consultation and division on April 10, 203.

C On September 28, 2012, upon receipt of the Changwon District Court Development Registry (No. 11588) regarding each of the instant real estate from the Defendant on September 28, 2012, C completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 100 million, C, and the Defendant on September 27, 2012, based on the grounds for the establishment of a mortgage contract,

(hereinafter referred to as “the establishment registration of each of the instant units”). [The basis for recognition] does not conflict with each of the instant units, and the number with Gap evidence Nos. 1 through 4, and Eul evidence Nos. 1 and 2 is included.