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(영문) 대구지방법원 상주지원 2018.05.16 2018가단5002
근저당권말소
Text

1. On March 25, 2015, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Daegu District Court had jurisdiction over the pertinent real estate registration office.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant have maintained de facto marital relations since 2002.

B. The Defendant asserted that a de facto marital relationship has ceased due to the Plaintiff’s wrongful act, and filed a lawsuit against the Plaintiff, including consolation money, with the resident support of the Daegu Family Court as 2012ddan211.

On July 29, 2013, the court rendered a judgment that "the defendant (the plaintiff in this case is the defendant in this case; hereinafter the plaintiff and the defendant are based on the plaintiff in this case) shall pay 20,000,000 won as consolation money to the plaintiff (the plaintiff in this case and the defendant in this case). The defendant's remaining claim for consolation money is dismissed. The plaintiff was sentenced to a judgment that "the plaintiff shall pay 1,00,000 won to the defendant in division of property," and the above judgment was finalized on September 14, 2013.

(hereinafter referred to as "final and conclusive judgment, such as perjury").

On the final judgment of the Daegu Family Court, the plaintiff filed a lawsuit to raise an objection to the claim under 2015da762.

The appellate court of the foregoing case (Seoul Family Court 2016Reu5467) decided that the Defendant received KRW 16,68,05 in the compulsory auction procedure of 16,66 square meters in Gyeongcheon-gun, Gyeongcheon-gun, the Plaintiff owned on May 22, 2015, and paid KRW 20 million through D around September 29, 2014 and paid the original amount. On November 15, 2017, the appellate court sentenced that compulsory execution based on the final judgment, such as consolation money, etc., exceeds KRW 83,331,946 shall be dismissed (hereinafter referred to as “judgment on the claim”), and that the said judgment became final and conclusive around that time.

Meanwhile, in order to secure the payment of a judgment based on a final and conclusive judgment, such as consolation money, after a compulsory auction of the said real estate in C, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage of this case”) on each real estate listed in the attached list owned by the Plaintiff as the Daegu District Court No. 4036, Mar. 25, 2015.

E. On August 17, 2017, the Plaintiff is the principal of the Defendant as a deposit and the Plaintiff’s refusal to receive the balance of the judgment.

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