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(영문) 서울중앙지방법원 2014.11.21 2014가단5121399
근저당권설정등기 말소등기 절차 이행의 소
Text

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

A. Defendant A shall have the crossing registry office of the Chuncheon District Court on February 16, 1998.

Reasons

1. Determination as to the claim against Defendant A

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. The facts of recognition (1) The plaintiff filed a lawsuit against C, etc. with the Seoul Central District Court Decision 201Ga249314, Nov. 29, 201, the court rendered a judgment that "C shall pay 18% per annum from August 31, 2000 to April 2, 2001; and 25% per annum from the following day to the date of full payment." The above judgment became final and conclusive on December 23, 2011 with D as to "C shall pay 206,143,240 won and 14,503,617 won, jointly and severally with D Co., Ltd., and 104,635,067 won."

(2) On April 27, 2000, C completed on April 27, 200, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of each of the instant real estates”) with respect to each of the respective real estates listed in the separate sheet owned by C, the obligor C, the maximum debt amount of KRW 100,000,00.

(3) C is in excess of obligations at the time of the closing of the instant argument.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

B. (1) The Plaintiff asserts that the Plaintiff, as the secured claim of each of the instant mortgages was nonexistent or the extinctive prescription had already expired after the lapse of 14 years from April 27, 2000 on which the right to collateral security was established, in subrogation of C in order to preserve the claim for indemnity against C, the Plaintiff asserts that the Plaintiff seeking the cancellation of each of the instant collateral security deposits around the instant case.

Defendant B, from November 13, 199 to February 11, 200, lent KRW 70,000,000 to C for the purpose of securing this, and completed the registration of creation of a mortgage on each of the instant neighboring areas. C continues to sell the real estate price to Defendant B until the police officer in 201.

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