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(영문) 서울동부지방법원 2016.04.27 2015가합4588
근저당권말소회복등기에대한승낙의의사표시
Text

1. The Defendants received, on February 22, 201, this Court Gangseo-dong registry office with respect to the real estate stated in the attached list from the Plaintiff.

Reasons

Facts of recognition

The following facts are not in dispute between the Plaintiff and Defendant D's limited liability company, and the Plaintiff and the remaining Defendants are deemed to have led to confession pursuant to Article 150(3) of the Civil Procedure Act.

The Plaintiff lent KRW 570 million to B, the owner of the real estate listed in the separate sheet (hereinafter “instant apartment”). As to the instant apartment, the court Gangseo-dong registry office of the same court (No. 21689, Jun. 3, 2010) completed the registration of creation of a neighboring mortgage of KRW 600 million (hereinafter “registration of creation of a neighboring apartment”).

On December 16, 2010, Korea Development Finance Co., Ltd. completed the provisional attachment registration with the claim amounting to KRW 500 million on the instant apartment on December 16, 201. On January 24, 2011, New Savings Bank Co., Ltd. completed the provisional attachment registration with the claim amounting to KRW 100 million on the instant apartment on January 24, 201. On March 7, 2012, Defendant Digital Loan Co., Ltd. completed the provisional attachment registration with the right to claim the cancellation of the registration of the establishment of a mortgage on the ground of the revocation of a fraudulent act on the registration of the establishment of a

Since then, Defendant D's limited liability company was established as the court 2012Da16347, which was established by the Plaintiff and B on June 3, 2010 on the ground that the mortgage contract of this case was fraudulent act, and obtained a favorable judgment in the first instance trial by seeking the revocation of the said contract and the implementation of the registration procedure for cancellation of the registration of cancellation of the establishment of the mortgage of this case, and completed the registration of cancellation on February 22, 2013 in accordance with the above judgment.

Accordingly, the plaintiff filed a subsequent appeal and revoked the above judgment of the first instance court, and dismissed the claim of the limited liability company for Defendant D's transfer loan, and the above judgment of the appellate court became final and conclusive on May 15, 2014.

On the other hand, the New Savings Bank was declared bankrupt and the Korea Deposit Insurance Corporation was selected as a trustee in bankruptcy, and the Korea Development Finance Corporation is the emanistic asset management company.

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