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(영문) 대구지방법원경주지원 2020.10.30 2019가합2643
근저당권말소
Text

1. As to the plaintiffs, 3/10 out of 6/10 of each F-sharing share among the fishery rights listed in the separate sheet 3/10:

A. Defendant D shall be December 2012.

Reasons

1. Facts of recognition;

A. F is a person who, around December 27, 2012, owns 6/10 shares of the fishery right listed in the separate sheet (hereinafter “instant fishery right”).

At the time, G and H own 1/10 shares, i, J, and K respectively, 0.5/10 shares, L L. 0.2/10 shares, and M. 0.3/10 shares, respectively.

B. On December 27, 2012, F completed the registration of creation of the right to create the right to create the right to create the right to create the right to create the right to create the right to create the right to create the right to create the right to create the right to create the right to create the right to claim the maximum debt amount of KRW 1 billion under Article 2012-12, which is received by Defendant D with respect to KRW 3/10,000,000, and the remainder of KRW 3/10,000,000,000,000,000 won (hereinafter collectively

C. Plaintiff C received a decision of provisional attachment on May 13, 2013, the provisional attachment order of KRW 150,000,000 as to F’s 6/10 of the instant fishing right, among the instant fishing rights, from the Daegu District Court (Seoul District Court Decision 2013Kahap137) and completed the provisional attachment registration on May 13, 2013. Plaintiff A completed the provisional attachment registration on July 11, 2013, upon receipt of the decision of provisional attachment of the said F’s portion as claimed amount, the amount of KRW 376,50,47, as Daegu District Court Decision 2013Kahap24, supra. Plaintiff B completed the provisional attachment registration on February 6, 2014, with the amount of KRW 124,142,465 as claimed amount.

The F died on July 28, 2016, and on October 19, 2016, N,O, and P, the heir of F, filed a report on inheritance-limited approval with the Daegu Family Court-affiliated 2016-Ma235 on October 19, 2016, and was adjudicated on March 10, 2017.

E. Meanwhile, due to the impact of thermal effluents caused by R and S on the operation of Q2 Korea’s Republic of Korea: (a) calculated the amount of fishery loss incurred to the fishery right, etc. of this case as KRW 3,168,275,500 (hereinafter “instant compensation”); and (b) decided to compensate for such loss.

[Ground of recognition] Facts without dispute, Gap 1, 3, and 7 may have evidence.

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