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(영문) 대구지방법원경주지원 2015.07.14 2015가단1447
근저당권말소
Text

1. The Defendants received KRW 2,418,600 from the Plaintiff, and thereafter real estate indicated in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 4, 2011, C completed the registration of the establishment of a neighboring mortgage with respect to each real estate listed in the separate sheet against the Defendants, as to each real estate indicated in the separate sheet, the maximum debt amount of which is KRW 250,00,000,000, as well as the debtor Dasan Loan Capital

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). B.

Attached Form

The Plaintiff completed the registration of ownership transfer on July 1, 201 with respect to the real estate listed in the list No. 1 (hereinafter referred to as “real estate No. 1”), and completed the registration of ownership transfer on May 24, 201 with respect to the real estate listed in the attached list No. 2 (hereinafter referred to as “instant real estate No. 2”). The Plaintiff completed the registration of ownership transfer on June 1, 201.

C. On August 2, 2013, Defendant A filed an application for voluntary auction on each of the instant real estate with Daegu District Court Daegu District Court racing supportD, and on August 2, 2013, the registration of voluntary auction decision was completed regarding each of the instant real estate on the same day following the said court’s voluntary auction decision.

On March 27, 2015, the Plaintiff deposited KRW 250,000,000 as the U.S. District Court No. 2010, 2015, the Defendants as the Defendants.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff is obligated to perform registration procedures for cancellation of the registration of the establishment of a mortgage of this case as a surety of the right to collateral security of this case, since he deposits the maximum debt amount of the right to collateral security in full.

Accordingly, the Defendants asserted that the secured amount of the instant mortgage exceeds KRW 250,000,00, which is the maximum debt amount, including the interest and auction cost of KRW 5,610,000,000, and thus, the Defendants cannot comply with the Plaintiff’s claim before receiving the said amount.

B. Determination 1 of the right to secure another’s property to secure another’s property on collateral may, if only the maximum debt amount and auction costs are reimbursed, claim the cancellation of the registration of creation of a collateral.

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