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(영문) 춘천지방법원 2017.02.09 2016가단6036
근저당권말소등기절차 이행
Text

1. The defendant shall make the plaintiff on September 12, 1998 with respect to the 9,223 square meters of Gangseo-gu Seoul forest land in Yangwon-gun.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in the entries in Gap evidence 1, evidence 2, evidence 3, evidence 4, evidence 5, evidence 6, evidence 8, evidence 9, evidence 1, Eul evidence 2, evidence 3, and evidence 4, and evidence 5, evidence 4, evidence 5, evidence 6, evidence 8, evidence 9, evidence 1, Eul evidence 2, evidence 3, and evidence 4.

On September 11, 1998, the Defendant lent 20,000,000 won to Nonparty D without having agreed on the due date for payment (hereinafter “instant loan”).

B. On September 12, 1998, Nonparty D completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) on the basis of a contract on September 11, 1998 with respect to the amount of maximum debt amount of KRW 20,00,000, the debtor non-party D and the non-party-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “registration of creation of a mortgage of this case”).

C. In Seoul Western District Court case 2010 tea7592, Nonparty D received the payment order (hereinafter “instant payment order”) from the Plaintiff to pay KRW 4,070,200 and delay damages to the Plaintiff. The instant payment order was finalized on November 30, 2010.

On April 21, 2011, the Plaintiff received a dividend of KRW 827,330 in the case of corporeal movables Auction with the Seoul Southern District Court 201No585 based on the instant payment order.

E. The property of Nonparty D is the instant real estate and the EKaman car in 1999.

F. The instant real estate was registered under the name of the National Health Insurance Corporation on October 19, 2009, when the establishment registration of the instant neighboring real estate and the seizure thereof was completed. On November 16, 2015, the Plaintiff was subjected to a decision to commence compulsory auction for the instant real estate on November 16, 2015, but on April 27, 2016, the Plaintiff’s claim under the instant payment order issued by the Plaintiff at the minimum sale price of the instant real estate.

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