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(영문) 창원지방법원밀양지원 2016.04.20 2015가단11337
근저당권말소
Text

1. The defendant shall receive, on February 18, 1997, from the Changwon District Court and the registration office for real estate stated in the attached list B.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) C Co., Ltd. (hereinafter “C”)

) Dong-high speed tourism Co., Ltd. (hereinafter referred to as “Dong-high speed tourism”).

(2) On September 27, 1995, C and B entered into a bill transaction agreement with the original court at KRW 130,000,000. On October 2, 1995, B and C entered into a joint and several surety contract with the said bill transaction agreement. C and C were declared bankrupt on September 30, 1998. The Korea Deposit Insurance Corporation appointed as trustee in bankruptcy as C were not repaid with the principal and interest under the said bill transaction agreement, and upon which C and C filed a lawsuit (No. 2003da1895) to claim loans from the original district court on January 29, 2004 with the original court at KRW 105,00,00,000,000, the judgment of 105,018,565, and 51,481,407, 200,000,000,000 won were jointly and severally paid to the Korea Deposit Insurance Corporation.

3) On June 11, 2004, the Korea Deposit Insurance Corporation, the trustee in bankruptcy of C, transferred the above principal and interest claim against Dong High-speed Tourism and B to the Plaintiff, and notified B of the above assignment of claim. 4) On February 18, 2014, the Plaintiff filed an application for payment order against Dong High-speed Tourism and B to the Seoul Central District Court for the suspension of the extinctive prescription of the transferred claim, and as to B, the above payment order order was finalized around that time. On the south High-speed Tourism, the decision for payment order was not served, and was handed down on March 4, 2016 by the same court (2014DaDa5997477). The above decision became final and conclusive at that time.

B. As to the real estate listed in the separate sheet owned on February 18, 1997 (hereinafter “instant real estate”), the Defendant registered the establishment of a mortgage on the Defendant’s real estate B (hereinafter “instant real estate”).

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