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(영문) 수원지방법원여주지원 2015.03.24 2014가단2374
근저당권말소
Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant B Co., Ltd. is Suwon District Court.

Reasons

1. Facts of recognition;

A. On September 3, 2010, with respect to each of the instant real estate owned by D, the Plaintiff completed the registration of the establishment of the neighboring mortgage of this case, which was KRW 200 million with respect to D, the debtor, the Plaintiff, and the maximum debt amount. On August 19, 2013, D completed the additional registration of the establishment of the instant neighboring real estate transfer under the name of Suwon District Court No. 36873, Aug. 20, 2013, with respect to the registration of the establishment of the instant neighboring real estate under the name of Suwon District Court No. 36873, which was received on August 20, 2013. On January 14, 2014, E completed the additional registration of the establishment of the instant neighboring real estate transfer under the name of Defendant B (hereinafter “Defendant Company”).

B. On January 14, 2014, Defendant C completed the supplementary registration of the right to collateral security (right to collateral security) with the amount of KRW 42 million against the Defendant Company, as the receipt of the said registry office on January 14, 2014, under the Act No. 1863.

C. Meanwhile, E applied for a voluntary auction on each of the instant real estate to F of this Court. On November 4, 2013, the aforementioned court rendered a decision to voluntarily commence the auction on each of the instant real estate, and the cost of the auction execution is KRW 1,355,850.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 8, 10, 11, 12, Eul evidence Nos. 16 through 18 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s claim as to the secured debt of the instant right to collateral security is a loan claim of KRW 150 million against the Plaintiff on September 3, 2010. On April 19, 2013, the Plaintiff and D are obligated to cancel the registration of establishment of the instant right to collateral security by depositing the Defendants as the principal deposit and depositing KRW 34,327,69 on March 10, 2014. The Plaintiff and D are obligated to cancel the registration of establishment of the instant right to collateral security on May 10, 2013.

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