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(영문) 대구지방법원 포항지원 2018.08.24 2018가합10550
기타(금전)
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts constituting the premise;

A. The Plaintiff completed the registration of creation of a mortgage (hereinafter referred to as the “registration of creation of a mortgage of each of the instant case”), each of the maximum debt amounts of KRW 150 million on June 12, 1990, and the registration number of KRW 2239,00,000 on January 15, 1991, with respect to the 150,000 square meters and 33.4 square meters in a store with a single floor of the block structure of the block structure on the land (hereinafter referred to as the “each of the instant real property”) owned by the Plaintiff at the Young-gu District Court, Daegu District Court, the Port Office of Port, No. 36698, which received on June 12, 1990, and No. 2239, which was received on January 15, 191.

B. The plaintiff filed a lawsuit against Young-gu District Court for the cancellation of the registration of creation of the creation of the creation of each of the neighboring areas of this case ( Daegu District Court racing support 92 Gohap1650, Daegu District Court support). The Young-gu District Court filed a counterclaim against the plaintiff for the payment of the loan of KRW 265 million ( Daegu District Court racing support 92 Gohap1667). On February 11, 1993, the above court rendered a judgment that "the plaintiff (A) paid KRW 120 million to the defendant (Yan Young-gu District Court) and the amount of 5% per annum from April 7, 1992 to February 11, 1993, and 25% per annum from the next day to the day of complete payment, and that all of the plaintiff's claims and the defendant's remaining claims for counterclaim are dismissed."

Afterwards, the appeal filed by the plaintiff and the Possssities are all dismissed on May 12, 1994 (Seoul High Court 93Na1566, 93Na1573 (Counterclaim)) and the judgment of the court of first instance is the same year.

6. 7. The decision was finalized as is.

(hereinafter “Related Cases”). The judgment of the first instance court, which became final and conclusive in the Related Cases, is C.

The Young-gu District Court, Daegu District Court and its racing support for each real estate of this case (Tgu District Court racing support C), with the judgment of this case as executive title, applied for a compulsory auction for each real estate of this case (Tgu District Court racing support C). The above court is actually excluding 8,535,000 won for the execution cost to Young

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