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(영문) 서울북부지방법원 2014.03.19 2013가단31530
근저당권설정등기말소
Text

1. The defendant shall receive on January 23, 199, from the Jincheon-gun District Court of Cheongcheon-gun, Jincheon-gun, Jincheon-gun, 2,89 square meters.

Reasons

1. Facts of recognition;

A. On April 13, 2005, the Plaintiff received a favorable judgment against A to the effect that “A (A) shall pay to the Plaintiff KRW 40,727,314 and damages for delay for KRW 40,264,003,” which became final and conclusive around that time.

B. In addition, on October 28, 2005, the Plaintiff filed a claim for reimbursement against the above A with the Seoul Central District Court Decision 2005Da2025609, and received a decision of performance recommendation from the above court on October 28, 2005 that “the Defendant (A) shall pay the Plaintiff KRW 11,77,932 and its delay damages.” The above decision was finalized around that time.

C. Meanwhile, with respect to the land in the dispute of this case owned by the said A, the registration of the establishment of the neighboring mortgage (hereinafter “registration of the establishment of the neighboring land of this case”) was completed on January 23, 199 by the Jincheon-gun, Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, and 2899 square meters (hereinafter “instant land”).

A is an active property. As of November 17, 2013, A owns the instant land in dispute (5,000 square meters per square meter) and 426 square meters per square meter per square meter (5,150 won per square meter per square meter) prior to Jincheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do. The value of each of the above lands is 16,68,90 won [14,49,000 won per square meter (2,89, 5,000 won per square meter x 5,000 won) for each of the above lands, and KRW 2,193,900 (426 square meter x 5,150 won) for each of the above lands, as of August 13, 2013]. The small property is equivalent to the amount of compensation liability against the Plaintiff as of August 13, 2013.

[Ground of recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1 and 4 (including virtual numbers; hereinafter the same shall apply), the fact-finding results against the Minister of Land, Infrastructure and Transport, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The secured claim for the registration of the establishment of a mortgage of the neighboring area of the Plaintiff’s assertion is false or completed from January 23, 199 to five years from the completion of the registration of the establishment of a mortgage of the neighboring area of the instant case.

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