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(영문) 대구지방법원 2020.10.23 2019가합212727
근저당권말소
Text

Plaintiff

A. Defendant B Co., Ltd. shall have the Daegu District Court as to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On April 29, 2014, the Plaintiff agreed to set up a mortgage (hereinafter “instant mortgage agreement”) on each real estate listed in the attached list (hereinafter “instant real estate”) in order to secure the performance of the obligation to pay the construction cost to Defendant B. On the same day, the registration of establishment of the instant mortgage agreement was completed by the Daegu District Court’s Cheongdo Office of Registry on April 29, 2014, as the maximum amount of claims arising from the instant mortgage agreement was KRW 350,000,000 on April 29, 2014, and Defendant B’s mortgage (hereinafter “instant mortgage”).

B. After that, Defendant C, Credit Guarantee Fund, D, E, and F completed each additional registration of the seizure of the right to collateral security or the seizure of the right to collateral security or the right to collateral security based on the provisional seizure or collection order stated in the column of “registration” as follows.

On December 26, 2018, the date of receipt by the creditor C. C. on December 26, 2018, Busan District Court Decision 350,000,000 Credit Guarantee Fund of 2018Kadan10433, Busan District Court Decision 2018Kadan102846, Busan District Court Decision 280,536, 5479, January 15, 2019, Daegu District Court Order 2018Kadan34734, 30,000, 30,000 for provisional seizure, 30,000 for 30,00,000 for Busan District Court Decision 2019Kadan106,000,000 for provisional seizure, 30,000,000 for 30,000,000 for D. 2018, Daegu District Court Order 2081, 2018

C. On April 29, 2014, Defendant B prepared and issued to the Plaintiff a receipt of KRW 500,000,000 in the name of his agent G.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 and 8, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion against the defendant B is 50,000.

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