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(영문) 대구지방법원상주지원 2016.12.15 2015가합195
근저당권말소 등
Text

1. Defendant C: (a) on March 25, 2015, the Daegu District Court rendered the registration office for the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B had a de facto marital relationship from around 2002, but did not live together from around 2010.

The de facto marriage relationship between the Plaintiff and Defendant B was terminated in October 201.

B. Defendant B filed a claim against the Plaintiff for adjudication on the payment of consolation money and the division of property due to resolution of de facto marital relationship. On July 29, 2013, the resident support of the Daegu Family Court rendered a judgment on consolation money and the division of property with the content that “the Plaintiff would pay 20 million won to Defendant B as consolation money. The Plaintiff would pay 100 million won to Defendant B as a division of property.”

The above judgment became final and conclusive.

(hereinafter referred to as “instant final judgment”) C.

Defendant B, on January 2014, included 971 square meters in Gancheon-gun D, Gyeongcheon-gun, Gancheon-do, and 23 land and buildings, among real estate, the ownership of which was registered under the name of the Plaintiff.

The claim amount of KRW 120,000,000, which is the sum of the consolation money claim and the property division claim as stated in the paragraph, was filed for compulsory auction.

Plaintiff

Of the real estate in the name, there was a compulsory auction procedure (hereinafter referred to as “instant compulsory auction”) to the Daegu District Court resident supportF with regard to the area of 1,66 square meters in Gyeongcheon-gun E, Gyeongcheon-gun, Chungcheongnamcheon-gun, and KRW 16,683,054 out of the amount to be distributed to the above compulsory auction procedure was distributed to Defendant B, who is the first creditor.

E. On March 25, 2015, the Defendants completed the registration of the establishment of a collateral security right as the Defendants of the obligor A and the collateral security holders, on the ground of the contract to establish a contract on March 24, 2015, with respect to each real estate indicated in the separate sheet as the receipt registry office of the Daegu District Court No. 4086.

(F) The Plaintiff asserted that Defendant B paid the full amount of consolation money and division of property according to the final judgment of the instant case, and filed a lawsuit against Defendant B seeking non-permission of compulsory execution against Defendant B as the resident support of the Daegu Family Court (2015ddan762).

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