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(영문) 수원지방법원여주지원 2014.10.16 2013가단15915
근저당권설정등기말소
Text

1. The Plaintiff:

A. Defendant B received on December 15, 2010 from Suwon District Court in connection with the real estate stated in the separate sheet.

Reasons

1. Basic facts

A. C completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on November 30, 2009 due to sale and purchase on June 21, 2007.

B. (1) On December 15, 2010, Defendant B lent KRW 3 million to C, and in order to secure the said loan, Defendant B completed the registration of the establishment of a neighboring mortgage with the Suwon District Court’s loan No. 45071, Dec. 15, 2010, based on the contract to establish a contract on the instant real estate on December 15, 2010, for the purpose of securing the said loan.

(hereinafter “the instant right to collateral security” was transferred to E, who was the wife of D on March 201 through April 4, 2011, and C accepted the instant right to collateral security.

C. (1) On June 13, 2012, the Plaintiff completed the registration of ownership transfer claim on the instant real estate on June 13, 2012 due to trade reservation.

D. On September 6, 2012, the Plaintiff purchased the instant real estate by setting the sales amount of KRW 300 million from C, and acquired C’s collateral security obligations in lieu of paying KRW 3 million out of the above sales amount. At that time, E accepted the instant collateral security obligations through D, an agent.

Consolidatedly, on September 6, 2012, the Plaintiff completed the principal registration of ownership transfer on the instant real estate on September 7, 2012.

• The Plaintiff repaid E the instant collateral security obligation through F on May 16, 2013. D.

On the other hand, on May 3, 2013, Defendant Republic of Korea attached the instant collateral security right claim to collect delinquent taxes against Defendant B, and completed the attachment registration of the instant collateral security right claim on May 8, 2013.

(hereinafter referred to as “instant seizure”). [Based on recognition, Defendant B: deemed confession (Article 150(1) and (3) of the Civil Procedure Act) (Article 150(1) of the Civil Procedure Act): The Defendant Republic of Korea shall have no dispute, each of the facts that there is no dispute, Gap’s evidence 1 through 9, 10-1 through 3, and Eul’s evidence 1, the inquiry results of this court, witness D’s testimony, and the purport of the whole pleadings.

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