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(영문) 광주지방법원순천지원 2014.05.14 2013가합2581
근저당권말소
Text

1.(a)

Defendant C, D, E, and Defendant (Counterclaim Plaintiff) are real estate listed in attached Table 1 to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet owned by the Plaintiff, the registration of establishment of a collateral security right-holder C, the obligor’s “Plaintiff,” and the maximum debt amount of KRW 400 million was completed on November 4, 1996, with respect to each real estate listed in the separate sheet owned by the Plaintiff, the registration of establishment of a collateral security right-holder D, B, the obligor’s “Plaintiff,” and the maximum debt amount of KRW 2 billion, ③ the registration of establishment of a collateral security-holder E, the obligor’s “Plaintiff,” and the maximum debt amount of KRW 30 million, respectively.

(hereinafter referred to as “instant collateral security”) b.

On the other hand, on October 17, 2001, at the request of the Korea Investment Savings Bank (Co., Ltd., Ltd., company mobilization mutual savings and mutual savings and finance companies, and Korea Mutual Savings and Finance Company, Co., Ltd., Ltd., which is the senior mortgagee on each real estate listed in the separate sheet, the voluntary auction procedure was initiated

C. The auction court completed the auction procedure on November 29, 2002, with respect to the real estate listed in Paragraph 1 (hereinafter “instant real estate”) among each real estate listed in the separate sheet, on the ground that there is no possibility of surplus, and with respect to the pertinent decision on voluntary auction and the application for voluntary auction on the grounds that there is no possibility of surplus.

On August 8, 2012, the Defendant Seoul Guarantee Insurance Co., Ltd. received a seizure and collection order (hereinafter “instant seizure and collection order”) against Defendant D’s claim against the Plaintiff as a pure District Court of Gwangju, Gwangju District Court Decision 2012TTTB, 5667. On August 22, 2012, the Defendant completed the registration of seizure of collateral security claims (hereinafter “registration of seizure”).

[Reasons for Recognition] Defendant C, D, E: Defendant B, and Seoul Guarantee Insurance Co., Ltd.: The absence of dispute, Gap evidence 1, and Eul evidence 2 (including the virtual number).

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