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1. The defendant received on January 9, 2008 from the Suwon District Court registry office with respect to the real estate stated in the attached list to the plaintiff.
Reasons
1. Facts of recognition;
A. On August 31, 2011, the Plaintiff completed the registration of ownership transfer based on sale of real estate listed in the separate sheet (hereinafter “instant real estate”) on August 10, 201.
B. On January 9, 2008, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage of this case”) with the Suwon District Court No. 1378, which was received by the Leecheon District Court, with respect to the instant real estate, etc., the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage of this case”). On September 17, 2013, the Defendant completed the registration of the partial transfer of the right to collateral of this case with the transfer amount of KRW 50 million
C. On June 9, 2010, the instant real estate, etc. had been conducted with respect to the auction procedure under the order to voluntarily commence the auction on the local court credit branch D, and on the date of distribution on December 16, 2014, the Defendant received the entire amount of KRW 530 million, which is the secured claim amount of the instant right to collateral security (hereinafter “instant dividend”).
With respect to the instant real estate, the registration of the decision on voluntary commencement of auction was cancelled on August 29, 201 on the ground of withdrawal of the request for auction.
[Grounds for Recognition: The entries in the Confessions Nos. 1 and 2 and the purport of the whole pleadings]
2. According to the facts of the judgment on the cause of the claim, the Defendant received dividends in this case, and the secured debt of the instant real estate, which was established on the instant real estate, was fully repaid and extinguished, and the registration of the establishment of the mortgage of this case was completed as the invalidity of the cause.
Therefore, the defendant is obligated to cancel the registration of the establishment of the neighboring mortgage of this case to the plaintiff.
3. In conclusion, the plaintiff's claim can be accepted, so it is decided as per Disposition by admitting it.