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(영문) 광주지방법원 2017.01.17 2016가단5806
근저당권설정등기말소
Text

1. The plaintiff's action against the defendant I shall be dismissed.

2. With respect to 378,155 square meters of forest Janyang-gun, Jeonyang-gun, K, Ga.

Reasons

1. The following facts may be acknowledged by taking into account the following facts: Gap evidence Nos. 1 to 3, and each of the tax information submission orders issued by the Suwon-si Office and the Bupyeong-gu Incheon Metropolitan Government Office:

On July 25, 1990, the Plaintiff concluded a guarantee insurance contract with L, the insured, and the insurance period from July 5, 1990 to July 4, 1993, setting the insurance amount as KRW 7,370,000, and K jointly and severally guaranteed the said guarantee insurance contract.

B. On October 4, 1990, the insured event occurred in relation to the above guaranteed insurance contract. On March 28, 1991, the Plaintiff paid KRW 6,774,370 of the insurance money to the Young Automobile Co., Ltd. which is the insured.

C. On May 15, 2013, the Plaintiff filed a lawsuit against L and K with the Seoul Central District Court No. 2012Gau961349, and received a judgment from the above court that “C and K jointly pay to the Plaintiff the amount of KRW 5,905,705 and KRW 3,685,676 per annum for the amount of KRW 21% per annum from December 25, 1992 to the date of full payment,” and the said judgment became final and conclusive around that time.

on November 18, 198, K completed the registration of ownership transfer with respect to 378,155 square meters of Janyang-gun, Chungcheongnam-do (hereinafter “instant real estate”).

E. K completed on March 19, 1991 the registration of the establishment of a mortgage with the maximum debt amount of KRW 300,000,000 against Defendant A, B, C, and D as the Seoyang Registry of the Gwangju District Court No. 3006, Mar. 19, 191.

F. K completed the registration of creation of a mortgage with the maximum debt amount of KRW 100,000,000 on August 9, 1991 by Defendant E, F, G, and H as the receipt of No. 8767 on August 9, 191.

G. K completed the registration of creation of a neighboring mortgage amount of KRW 50,000,000 with the maximum debt amount received on September 14, 2005, No. 11886 at the Seoyangyang Registry of the Gwangju District Court.

On July 13, 2006, Incheon District Court 2006 Other 5632.

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