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(영문) 대전지방법원서산지원 2014.10.29 2014가단1500

근저당권말소등기이행

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1. The contract establishing a mortgage between the Defendant and B on February 13, 2009 with respect to the size of 4061 square meters prior to Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. A. On November 28, 2010, at around 03:30, a traffic accident B driven a Dribe, and driven the above cargo while under the influence of alcohol at a level of 0.085% at the entrance of Yannam-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, and proceeded into the south side of the west. At the same time, it is a ronded by the rain where the center line of the yellow solid line is installed, and thus, the steering direction and brake system should be accurately operated and safely operated depending on its own lane. However, it is negligent in driving the central line, while neglecting it on the opposite road, the front part of the E driver’s Flodddow, which was going into the front part of the above cargo vehicle, and caused the Defendant vehicle’s head of the vehicle to suffer injuries, such as pulverization of the motor vehicle to G, which was on the right side of the vehicle.

(hereinafter “instant traffic accident”). The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract for the said passenger car.

B. On November 14, 2012, G of the claim for reimbursement filed a lawsuit with the Seoul Central District Court seeking damages against the Plaintiff. On December 18, 2013, the said court rendered a judgment ordering G to pay KRW 92,522,878 and delay damages therefor.

The above lawsuit is still pending in the appeal court (Seoul Central District Court 2014Na3787).

C. B’s disposal act was completed the registration of creation of a collateral security (hereinafter “instant real estate”) with respect to the real estate of 4061 square meters (hereinafter “instant real estate”) prior to Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Daejeon District Court, as the receipt on December 13, 2010 by the Defendant of Daejeon District Court No. 22876, Dec. 13, 2010.

At the time, B was in excess of the obligation.

On July 7, 2011, the Daejeon District Court sentenced 10 months of imprisonment and 2 years of suspended execution (201No1008) to B on July 15, 201, which became final and conclusive on July 15, 2011.

(e)in this case;