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(영문) 대구지방법원 서부지원 2017.03.22 2016가단58625
근저당권말소
Text

1. C:

A. Defendant A shall be affiliated with the real estate stated in the attached list and shall be the senior branch of the Seogu District Court, Seogu Branch of the Family Court.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The Plaintiff filed an application for each payment order against the Plaintiff, etc. with the Seo-gu District Court 201 tea 197, the Gun court 201 tea 197, and with the same court 201 tea 201, Nov. 26, 2011, including “C et al. shall jointly and severally pay to the Plaintiff 9.8 million won and interest calculated at the rate of 22% per annum from April 1, 1999 to the date of full payment.” 2) Each payment order was finalized including “C et al. shall pay to the Plaintiff 9.8 million won and interest calculated at the rate of 9.8% per annum 22% per annum from April 1, 1999.” As of August 29, 2016, the obligation of the Plaintiff to pay the acquisition amount to the Plaintiff is the principal (i.e., the principal amount of KRW 13,939,730, Jun. 62, 233488

B. The Defendants’ establishment of the right to collateral security and enforcement of provisional seizure 1) C is each real estate listed in the separate sheet owned on February 4, 1998 (hereinafter “instant real estate”).

In view of the foregoing, Defendant A entered into a mortgage contract with Seogu District Court, and the senior registry office of Seogu District Court was 1137, which received on February 6, 1998, and completed the registration of creation of a neighboring mortgage that became the debtor C and the defendant A of the mortgagee C (hereinafter “the instant mortgage”).

(2) Defendant B completed the provisional attachment registration on December 10, 2004 by means of an additional registration as to the registration of the establishment of a mortgage of this case on December 10, 2004, with the claim amounting to KRW 15,310,255, the Daegu District Court 2004Kadan4961, which was decided on the provisional attachment as to the mortgage claim of this case and completed the provisional attachment registration on December 10, 204.

C. C’s property status 1) As active property, C owns real estate other than this case’s real estate D and 5 lots. The total value of the above real estate owned by C is equivalent to KRW 42,819,026. 2) C bears a large number of obligations to financial institutions, such as the National Agricultural Cooperative Federation and Seoul Guarantee Insurance Co., Ltd., as seen earlier, in addition to the acquisition of KRW 76,521,520 against the Plaintiff as passive property.

[Reasons for Recognition] Defendant A: The fact that the confession (Article 150(3) of the Civil Procedure Act) is not disputed, and Article 1 through 1 of the Civil Procedure Act is not disputed.

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