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(영문) 수원지방법원 여주지원 2017.02.07 2016가단54997
근저당권말소
Text

1. Defendant A shall receive on April 2, 1991, from Suwon District Court Branch Branch with respect to the real estate stated in the attached list to C, D, and E.

Reasons

1. Facts of recognition;

A. On April 2, 1991, Defendant A completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to the amount of 7091 square meters (hereinafter “instant real estate”) owned by F, G, and H, Suwon District Court, as the maximum debt amount of KRW 100 million, the debtor, F, Defendant A, and J, as the case No. 4861, April 2, 1991, the amount of the instant collateral security (hereinafter “instant collateral security”).

Of the registration of the establishment of the first place of the instant case, K was transferred on July 5, 2002 by K, and was cancelled on August 23, 2004 due to conciliation.

B. After completing the registration of ownership transfer with respect to the instant real estate on June 18, 2002, L completed on December 1, 2003 the registration of creation of a collateral security (hereinafter “the instant collateral security”) with respect to the instant real estate by the Suwon District Court No. 31268, Dec. 1, 2003, which was received on December 1, 2003, which was the maximum debt amount of KRW 50 million with respect to the instant real estate, L, the debtor, and the mortgagee of the right to collateral security (hereinafter “instant collateral security”).

M on November 3, 2014, the transfer registration of the second collateral mortgage was completed on October 5, 2014 on the ground of transfer of contract to Defendant B.

C. C, D, and E received on June 4, 2008 inheritance of one-third of each of the instant real estate due to L's death.

On April 10, 2008, the Seoul Central District Court rendered a judgment that “C shall pay KRW 36 million jointly with N” on April 10, 2008, against C, which is a joint and several surety of N for the Bank, as Seoul Central District Court 2007da469067.

The above judgment was finalized on May 10, 2008.

The plaintiff is the final transferee of the above judgment claim against Dongyang Social Co., Ltd., and on December 10, 2013, a person who received an execution clause succession to the above final judgment.

C is insolvent.

E. On March 14, 2014, the Plaintiff filed an application for a compulsory auction (hereinafter “instant auction”) with respect to one-third share of the title C among the instant real estate as DO in Suwon District Court’s branch, and the said court’s order to commence the auction is issued.

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