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(영문) 인천지방법원 2017.05.17 2015가단250412
근저당권말소
Text

1. As to the portion of 1/2 out of 3074 square meters of the forest land in Incheon Strengthening-gun:

A. Defendant A is the Incheon District Court.

Reasons

1. Basic facts

A. On December 18, 2013, the Incheon District Court 2013 Ghana503192, which filed against D, etc., sentenced that “D shall pay to the Plaintiff 5,203,318 won and the amount calculated by the rate of 18% per annum from February 21, 1999 to December 10, 2003, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.

(Then, D filed an appeal to the court of Incheon District Court No. 2016Na51033 against the above judgment, but withdrawn the appeal on February 18, 2016).

D On November 28, 1989, the Plaintiff acquired ownership of 1/2 shares (hereinafter “the forest of this case”) out of 3074 square meters of land in Incheon, Incheon, the Incheon, the Incheon, the Reinforcement District Court registry office received on July 13, 1992, as the maximum debt amount of KRW 100,000,000, the debtor D, and the Defendant A, the mortgagee of the right to collateral security (hereinafter “the creation registration of the first class mortgage of this case”). On March 27, 1998, the Plaintiff completed the establishment registration of the mortgage (hereinafter “the establishment registration of the mortgage of this case”) with the amount of maximum debt of KRW 12,00,000,000, the debtor D, and the Defendant B, the mortgagee of the right to collateral security (hereinafter “the establishment registration of the mortgage of this case”).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 3, and 6 and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) Claim No. 1 and No. 2 of the instant registration of the establishment of a mortgage had not existed from the beginning or had been fully repaid, or the extinctive prescription had expired at least ten years since the date of establishment of a mortgage, and each of the collateral security was extinguished accordingly. Accordingly, the Defendants are obligated to implement the registration procedure for cancellation of the establishment of a mortgage No. 1 and No. 2 of the instant registration to D. Accordingly, the Plaintiff, as a creditor of D, is liable to perform the registration procedure for cancellation on behalf of the Defendants, who are insolvent. 2) Defendant A’s assertion against D around 1989, against the purchase price of the instant forest, etc. 5,00.

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