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(영문) 부산지방법원 2018.01.18 2017가단309667
근저당권말소
Text

1. The defendant shall receive, on October 30, 1995, the Changwon District Court Msan Branch on each real estate listed in the separate sheet to B.

Reasons

1. Basic facts

(1) On October 24, 2012, the Plaintiff filed a lawsuit seeking reimbursement against C, D, B, and E by the Seoul Central District Court Decision 201Da5086232, and rendered a lawsuit claiming reimbursement on October 24, 2012, “A, D, B, and E jointly with the Plaintiff KRW 188,581,557 and 186,165,146 among them were jointly and severally paid to the Plaintiff, 17% per annum from September 2, 1997 to January 31, 1998; 25% per annum from the next day to August 31, 1998; 20% per annum from the next day to December 31, 1998; and 18% per annum from the next day to May 11, 2002; and 20% per annum from the next day to the date of full payment.”

D. Meanwhile, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by B. As stated in Paragraph (1) of this case regarding each of the instant real estate, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) was completed on October 30, 1995 with the maximum debt amount of KRW 110,000,000, and the debtor B and the mortgagee as the defendant as the defendant.

Secondly, each of the instant real estate was equivalent to KRW 40 million at the time of the establishment registration of the instant real estate at the time of the establishment, and was equivalent to KRW 96 million at the time of the closing of argument in the instant case, and KRW 96 million at the time of the closing of argument in the instant case, and KRW 2 did not have any particular property other than the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-2, witness Eul's testimony, and the purport of the whole pleadings

2. The Plaintiff alleged that the Defendant, while lending KRW 10 million to B in around 1995, completed the registration of the establishment of the establishment of the establishment of the neighboring mortgage of this case in order to secure it. However, since the secured claim of this case in the registration of the establishment of the establishment of the neighboring mortgage of this case was extinguished by prescription after the completion of about 22 years after the completion of the registration of the establishment of the establishment of the neighboring mortgage of this case, the registration of the establishment of the neighboring

2.3.

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