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(영문) 부산지방법원 2015.04.01 2014가합13399
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 22, 2008, the Dongyang Social Loan Co., Ltd. (hereinafter “Dongyang Social Loan Co., Ltd.”) filed an application with F for payment order against F to pay damages for delay of KRW 32,093,593 as Busan District Court 2008,32441 as well as KRW 21,436,693 among them, and the above payment order became final and conclusive.

The plaintiff acquired a claim based on the payment order finalized from the Eastyang social society, and was granted a succession execution clause, and a certified copy of the succession execution clause was served on F on August 12, 2014.

B. On December 10, 2009, the Seoul Central District Court 2009Gahap72686, filed a lawsuit against F to claim the amount of money taken over from the above court on December 10, 2009, the Defendant (F) paid the Plaintiff (F) 357,880,637 won and the amount of KRW 269,00,000 per annum from July 21, 2009 to the day of full payment. The above judgment became final and conclusive.

The plaintiff acquired a claim based on the above final judgment from the Eastyang social group, and was granted a succession execution clause, and a certified copy of the above succeeded execution clause was delivered to F on August 29, 2014.

C. As of September 19, 2014, the sum of principal and interest on each of the above claims is KRW 711,319,924.

On the other hand, F is the child of the deceased H (hereinafter “the deceased”). The deceased’s heir is the defendant, C, D, E, and F, who is the wife.

E. With respect to the Busan District Court's Busan District Court's Busan District Court's 610 square meters G, which is owned by the deceased, the registration of creation of a neighboring mortgage (hereinafter "registration of creation of a neighboring mortgage of this case") was completed as the maximum debt amount of 230,000,000 won as of January 10, 207, the Busan District Court's Busan District Court's Busan District Court's 1623 square meters.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The arguments of the parties and their implications.

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