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(영문) 대구지방법원 영덕지원 2018.05.15 2017가단1085
근저당권말소등기 청구의 소
Text

1. The part of the instant lawsuit seeking revocation of the fraudulent act is dismissed.

2. Defendant B shall be the Gyeongjin-gun E.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) D received money from the Plaintiff on December 22, 2000 and February 8, 2001. D did not repay the above loan obligations by the due date of each of the above loans. 2) The Plaintiff filed an application for payment order seeking payment against D with the Seoul District Court of Ulsan District.

On June 1, 2005, the above court issued a payment order (Seoul District Court Decision 2005Da616, hereinafter "the above payment order of this case") to the effect that "D shall pay to the plaintiff KRW 57,721,273 and its delay damages." The above payment order of this case was finalized on June 18, 2005.

B. D’s establishment of the right to collateral security (1) on the other hand, D’s establishment of the right to collateral security with Defendant C on February 28, 2003 (hereinafter “instant third contract”).

(1) On March 3, 2003, the Daegu District Court received the Ulsan District Court’s receipt of the Ulsan District Court’s receipt of No. 1933 regarding the land No. 2 of this case to Defendant C, and concluded a registration of creation of a neighboring mortgage with the debtor D and the maximum debt amount KRW 20 million, and the mortgagee C of the right to collateral security (hereinafter “third registration”).

2) On April 5, 2006, D entered into a mortgage agreement with Defendant A on the land of this case (hereinafter “instant first contract”). On the same day, D concluded a mortgage agreement with Defendant A on the land of this case (hereinafter “instant first contract”) and completed the registration of creation of a mortgage on the land of this case (hereinafter “instant first registration”) with the debtor D, the maximum debt amount of KRW 15 million, and the registration of creation of a mortgage on the land of this case to Defendant A (hereinafter “instant first registration”).

3) On November 14, 2006, D concluded a mortgage contract on the land of this case with Defendant B (hereinafter “instant second contract”) with regard to the land of this case, and the total amount of each of the instant second contract is “each of the instant contracts”.

B. On November 15, 2006, the Daegu District Court received the Ulsan District Court No. 12567 for the land No. 1 of this case from Defendant B, as the debtor D.

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