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(영문) 전주지방법원 2015.10.27 2014가단33880
근저당권말소
Text

1. The defendant,

A. An all-round indictment shall be filed with the Jeonju District Court on each real estate listed in the separate sheet 1 and 2 to the plaintiff A.

Reasons

1. Basic facts

A. The Plaintiffs as married couple, and Plaintiff A was the owner of each real estate listed in the separate sheet 1 and 2 (the above Plaintiff completed the registration of ownership transfer in the name of the above Plaintiff on September 2, 2004), and Plaintiff B was the owner of each real estate listed in the separate sheet 3 and 4 (each of the above Plaintiff completed the registration of ownership transfer in the name of the above Plaintiff on June 21, 2005). On March 18, 2013, the Defendant became the co-owner of each real estate listed in the above list by completing the registration of ownership transfer with respect to 1/3 of each of the real estate listed in

B. On August 3, 2005, Plaintiff B took out a loan of KRW 220,00,000 at the interest rate of 7.06% per annum, overdue interest rate of 20% per annum, and due date of payment on November 3, 2013 (hereinafter “instant loan”). The Plaintiffs entered into a mortgage contract with the debtor B and the non-party to the non-party to the mortgage on each real estate listed in the separate sheet as collateral for the above loan on August 2, 2005, with the maximum debt amount of KRW 330,00,000, the debtor B and the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the non-party to the Seo-gu Saemaul Community Credit Depository (hereinafter “non-party to the lawsuit”). The registration of the establishment of a mortgage was completed on August 3, 2005, the indictment of the all-round Seoul

(hereinafter “each of the instant mortgages”) C.

On March 4, 2014, the non-party credit cooperative applied for voluntary auction of each real estate listed in the separate sheet on the basis of each of the instant collateral security rights, and the procedure of voluntary auction was initiated as D with the Jeonju District Court.

(hereinafter “Voluntary Auction Procedure”). D.

On March 14, 2014, when the auction procedure of the instant case was in progress, the Defendant paid all of KRW 234,810,041 (the loan principal KRW 219,910,795, interest KRW 212,317,026, legal expenses KRW 2,582,220) to the non-party treasury with the non-party treasury, and thereafter, the Defendant was changed from the non-party treasury to the non-party treasury on March 18, 2014 as the former District Court’s all-round indictment of all-round collateral security guards of each of the instant case on each of the real estate listed in the attached list to the non-party treasury on March 18, 2014 as the Defendant on the ground of transfer of contract from March 18, 2014.

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