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(영문) 서울중앙지방법원 2014.07.16 2013가단5165378
근저당권말소
Text

1. As to Defendant B,

A. Defendant A and B shall have jurisdiction over each real estate listed in the separate sheet 1 and 2.

Reasons

1. Basic facts

A. On June 25, 2004, the Plaintiff filed a claim for reimbursement against Defendant B with the Korean court, and the above court rendered a judgment on June 25, 2004 that “Defendant B shall pay to the Plaintiff KRW 47,869,018 jointly with the F, G, and H, and KRW 46,340,308 each year from May 28, 1999 to June 3, 2004; KRW 18% each year from June 4, 2004 to the day of full payment; and KRW 12,377,060 each year jointly with F, and the above judgment (hereinafter “instant judgment”) became final and conclusive on August 11, 204.

B. The Defendants established the right to collateral security as follows with respect to each real estate listed in the separate sheet owned by Defendant B (hereinafter “instant 1 through 4 real estate”).

(2) On July 15, 1996, 1996, A, and B, 200 million won on April 20, 1999, E 23, 190 billion won on August 5, 1998, 190 won on August 1998, 198, A, the maximum debt amount, the maximum debt amount, the registration date of the contract date of the right to collateral security (the third collateral security) and the maximum debt amount, the registration date of the contract date of the right to collateral security (the third collateral security) (the third collateral security) and the maximum debt amount, the registration date of the contract date of the right to collateral security (the fourth collateral security).

C. As of the closing date of pleadings, Defendant B is insolvent in excess of the active property.

1) Pro rata property: 194,412,060 won in the instant judgment amounting to KRW 170,62,90 in total, the value of each of the instant real property: 134,165,982 won in the instant judgment amounting to KRW 46,340 in the amount of KRW 194,412,060 in the instant judgment amounting to KRW 46,340,308; 16,045,000 in the amount of debt owed to credit unions [founded grounds]

(a) Defendant B, D, and E: Confession;

B. Defendant A and C: without any dispute, entry of evidence A 1 and 2, and the result of Defendant B’s personal examination.

2. The extinctive prescription of a judgment on the cause of the claim shall be the debtor as well as the debtor who directly receives the benefit.

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