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(영문) 서울중앙지방법원 2016.05.12 2015가단5067867
근저당권말소
Text

1. Defendant B shall be charged to C with the land listed in attached list paragraph 2 and shall be transferred to the Gwangju District Court or Jeju District Court on February 2, 1998.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1, 2, Eul evidence 2, 3, and 4 and the entire purport of the pleadings:

Defendant B was affiliated with the land indicated in Section B of the attached Table C owned by the District Court of Mine or Jeju District Court of 1733 on February 2, 1998, and completed the registration of the right to claim transfer of ownership on January 30, 1998.

(hereinafter the above provisional registration is “the provisional registration of this case”). B.

D Co., Ltd. acquired the right to collateral security by completing the registration of collateral security as a cause of the debtor Co., Ltd. on May 9, 2000, the maximum bond amount of KRW 50,000,000, in view of the land listed in the attached list of C owned by Gwangju District Court or Jeju District Court, No. 8518 on May 12, 2000, and the registration of collateral security was transferred to F Co., Ltd. on the ground of the merger as of June 25, 2003, due to the division of the above company on November 24, 2006.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) C.

On August 25, 2005, G of the E representative director of FF Co., Ltd. submitted to F Co., Ltd. a written statement that 150,879,522 won of the F Co., Ltd.’s debt to F Co., Ltd., including the secured debt of the instant collateral security right, shall be repaid in installments at KRW 50,00,000,000 on July 31, 2006, and KRW 100,879,522 on June 30, 2007, and repaid KRW 30,000,000 on March 2, 2007.

The plaintiff filed a lawsuit against C, etc. with the Seoul Central District Court 2009Kadan8363, and on September 1, 2009, the judgment below became final and conclusive that "C, etc. jointly and severally with the plaintiff 626,676,963 won and 36,73,460 won with the amount of 25% per annum from May 28, 1998 to August 31, 1998; 20% per annum from the next day to December 31, 1998; 18% per annum from the next day to January 29, 199; 25% per annum from the next day to June 26, 2009; and 20% per annum from the next day to June 26, 2009."

(e) C.

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