(영문) 부산지방법원 동부지원 2017.02.22 2015가단214334

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(영문) 부산지방법원 동부지원 2017.02.22 2015가단214334

근저당권설정등기말소 등

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1. For the plaintiffs:

A. As to the real estate stated in the attached list to the plaintiffs before the Yomun-gu Co., Ltd.

Reasons

1. Facts of recognition;

A. On October 12, 2007, the deceased A (hereinafter “the deceased”) entered into a mortgage agreement with the Defendant Jeonmun-gu Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the real estate listed in the attached list (hereinafter “the instant real estate”) with the maximum debt amount of KRW 50,00,000,00 with respect to the real estate listed in the attached list, and the debtor and the Defendant Co., Ltd. (hereinafter “the instant mortgage agreement”), and accordingly, completed the registration of creation of mortgage (hereinafter “registration of creation of mortgage of this case”).

B. On June 25, 2013, upon the application of the Defendant Credit Guarantee Fund (hereinafter “Defendant Fund”), the registration of seizure of the instant collateral security claims was completed on November 24, 2014, as the registration of seizure of the instant collateral security claims and the collection order was issued with regard to the instant collateral security claims by Busan District Court 2013TTTT1826, upon the application of the Defendant Credit Guarantee Fund (hereinafter “Defendant Fund”).

C. Meanwhile, as the deceased did not repay, the defendant company applied for a voluntary auction of the real estate of this case on June 15, 2009, and rendered a voluntary decision to commence the auction on the real estate of this case. The defendant company withdrawn the above voluntary auction on January 26, 2010 thereafter.

Even after that, as the Defendant Fund continued to fail to repay the deceased, the Defendant Fund had filed an application for voluntary auction of the instant real estate, and the decision of voluntary auction was rendered on August 25, 2015 by this Court G.

E. On March 27, 2016, the Deceased died while the instant lawsuit was pending, and the Plaintiffs, who are the spouse and children of the Deceased, inherited the deceased’s property and taken over the lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, and the purport of the whole pleadings

2. Claim against the defendant company.

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