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(영문) 춘천지방법원강릉지원 2020.04.21 2019가합30917
근저당권말소
Text

1. As to the real estate listed in the separate sheet, the Plaintiff:

A. Defendant B is the Chuncheon District Court and the East Sea Registry on December 2008.

Reasons

1. Claim against the defendant B

A. Basic facts 1) The Korea Asset Management Corporation filed an application with D and E for a payment order to jointly and severally pay the acquisition amount of KRW 15,940,766 and KRW 6,00,000 per annum from November 6, 2007 to the date of full payment. The payment order was finalized on December 29, 2007 (hereinafter “instant payment order”).

(2) On September 18, 2012, the Plaintiff acquired the claim for the transfer of the instant payment order from the Korea Asset Management Corporation, for which the instant payment order became final and conclusive, and received an execution clause by succession on April 25, 2013.

3) Meanwhile, in the East Sea, Flux 1251.9 square meters (hereinafter “instant land”) at the same time.

On September 12, 1980, the registration of ownership transfer was completed in the name of G on the ground of a partition of co-owned property on September 12, 1980. However, on December 18, 2008, with respect to the 5/13 share to E on December 18, 2008, the registration of ownership transfer was completed on the ground of inheritance as of June 23, 1995 with respect to the 5/13 share to H, I, J, and D, respectively. 4) As to the E share (5/13) and D share (2/13) in the land of this case, the Chuncheon District Court, Dongcheon-gu District Court, as of December 22, 2008, as of December 14754, 208, the registration of creation of a mortgage (hereinafter “the mortgage of this case”).

5) Meanwhile, with respect to E’s shares and respective shares of D in the instant land from around 2009 to the recent time, several recommendations for seizure and provisional seizure have been completed, and D and E are insolvent from the time of the closing of argument in the instant case. [Grounds for recognition] There is no dispute, and Gap’s evidence Nos. 1 through 3 (each statement, including the serial number, the purport of the whole pleadings and arguments).

B. The Plaintiff’s assertion that the secured obligation of the instant right to collateral security did not exist from the beginning, or even if there exists such obligation, ten years have elapsed since the date of establishment of the right to collateral security.

The plaintiff is a creditor against D and E, and against the defendant B.

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