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(영문) 광주지방법원순천지원 2015.06.11 2014가단23069
근저당권말소
Text

1. C:

A. Defendant A shall support the Gwangju District Court as to real estate listed in the separate sheet No. 1 to 14.

Reasons

1. Basic facts

A. On June 27, 200, Defendant A entered into a mortgage agreement with C as to real estate on the attached list No. 1 to 14 on June 27, 200, and on the same day, the establishment of a mortgage agreement with the Gwangju District Court No. 4677, which is the maximum debt amount of KRW 60 million, was completed. ② On June 30, 200, Defendant A entered into a mortgage agreement with C as to real estate on the attached list No. 15 as indicated in C’s attached list No. 4758, which is the maximum debt amount of KRW 9.9 million on the same day.

B. On April 3, 2002, Defendant B entered into a mortgage contract with C on 16 real estate listed in the separate sheet owned by C, and completed the registration of creation of a collateral with the maximum debt amount of KRW 9 million as the receipt of the above registry office No. 2140 on the same day.

(hereinafter) The registration of the establishment of a new establishment of a new establishment of a new establishment that was completed in the future of Defendant A and the registration of the establishment of a new establishment of a new establishment that was completed in the future of Defendant B.

On October 31, 2005, the Plaintiff filed a payment order against C with this Court No. 2005Da5726, and on October 31, 2005, “C has received a payment order with the purport that “C shall pay the Plaintiff the amount of KRW 132,749,660 for indemnity and any delay damages in its amount of KRW 126,261,726 for indemnity,” and the said payment order was finalized on November 23, 2005.

C is insolvent.

[Ground of recognition] Defendant A: In the absence of dispute, each entry in Gap evidence 1 and 2, the purport of the whole pleadings, and the purport of the whole pleadings against Defendant B: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. The plaintiff's assertion and judgment

A. The registration of the establishment of a mortgage on each of the instant claims asserted by the Plaintiff was extinguished in accordance with the principle of infiniteness when each of the secured claims became extinct by prescription. Therefore, the Defendants are obliged to implement C the registration procedure of cancellation of each of the instant mortgages on the establishment of a mortgage.

B. It is secured by the registration of the establishment of a new mortgage against Defendant A in the future by Defendant A.

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