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(영문) 광주지방법원순천지원 2014.12.23 2013가단72606
근저당권말소
Text

1. Defendant A is the above court’s defendant in the case of a compulsory auction by official auction of real estate D with the Gwangju District Court’s 200.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet owned by Defendant A, Party E completed the registration of creation of a neighboring mortgage with the amount of maximum debt amount of KRW 130,000,000,000, and the debtor E, under No. 6853, Apr. 27, 2000.

B. As to the real estate listed in paragraph (3) of the attached Table No. 3, the ownership share in F forest and forest land No. 294m2, and H forest and forest land No. 13,789m2 at the time of leisure water owned by G, Eul completed the registration of the establishment of a neighboring mortgage to Defendant B with the Busan District Court No. 18090, Nov. 7, 2000, No. 105,000, and the debtor E with respect to the establishment of a mortgage.

C. G completed the registration of establishment of a neighboring forest land of H 13,789 square meters with respect to Defendant A’s forest land at the above leisure time as the Hancheon-si Branch of the Gwangju District Court No. 11164, Jun. 19, 2002, with the maximum debt amount of KRW 30,000,000, and the debtor G’s establishment.

After that, on January 18, 2006, the defendants' respective right to collateral against G's above real estate was cancelled due to some waivers. D.

The plaintiff filed a lawsuit against E on November 14, 2002 against this Court Decision 2002Da11148, and was sentenced to a decision ordering E to pay for the amount of compensation and its delay damages. The above decision became final and conclusive on December 7, 2002.

E. The land expropriation was made with respect to F forest land No. 294m2 at the time when E was the holder of the right to share, and regarding the claim for the compensation for expropriation, the plaintiff filed an application for the seizure and collection order of the claim with the court 2004TT375, and served on September 2, 2004 at the time when the original copy was completed. Defendant B filed an application for the seizure and collection order of the claim under subrogation with the court 2004TT3645, and the original copy was served on October 11, 2004.

In this Court No. 2004Hun4116, the court deposited the above confinement compensation and the court's I distribution procedure was followed. On April 13, 2005, the distribution schedule was prepared to distribute the total amount of dividends to Defendant B.

F. Each real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant real estate”).

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