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1. As to real estate listed in the separate sheet, with respect to the Plaintiff (Appointed), the Appointed Party, and the Designating Party:
A. Defendant MM is put to the Republic of Korea.
Reasons
1. Facts of recognition;
A. The plaintiff (appointed party) and the selector are co-owners of the real estate listed in the separate sheet (each of 1/2 shares).
B. C, which operates a trade name “B,” had been engaged in a transaction in which Defendant KM Co., Ltd. (hereinafter “Defendant Co., Ltd.”), received cridong line from the Defendant Company and processed it again in accordance with the order, and supplied it again to the Defendant Company and received processing fees. Due to an increase in the amount of cridong line wage received from the Defendant Company, the Defendant Company demanded a security from the Defendant Company. In order to secure the said claim, as to the real estate indicated in the separate list owned by the Plaintiff (Appointed Party) and the designated party’s U.S. District Court No. 45290, Sept. 6, 2007, the registration of the establishment of a collateral security (hereinafter “instant collateral security”) was completed with respect to the registration on the real estate indicated in the separate list owned by the Nonparty Co., Ltd. (Appointed Party) and the Defendant Co., Ltd. (hereinafter “the instant mortgage”).
C. Meanwhile, on July 19, 2012, Defendant Republic of Korea completed the registration of seizure of the right to collateral security (hereinafter “right to collateral security”) under Article 24671 of the same registry office with respect to the instant right to collateral security.
On February 14, 2011, the Suwon District Court declared bankruptcy against the defendant company and appointed A as a trustee in bankruptcy.
[Ground of recognition] A without dispute, entry of evidence No. 2, purport of the whole pleadings
2. According to the evidence No. 1-1, No. 2, and No. 3 of the judgment as to the cause of the claim, it can be acknowledged that the secured obligation of the instant mortgage does not remain. As such, the Defendant trustee in bankruptcy is obligated to cancel the registration of the establishment of the instant mortgage, and the Defendant Republic of Korea, who completed the registration of the seizure of the mortgage on which the secured obligation already ceased, is obligated to express his/her consent as a third party having interest in the registration of the cancellation of the registration of the establishment
3. Thus, the plaintiff (Appointed Party)'s claim against the defendants.