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(영문) 서울북부지방법원 2016.08.09 2015가단143857
근저당권설정등기말소 등 청구
Text

1. The defendant

(a) In respect of the real estate listed in the separate sheet (1), the Suwon District Court Branch Branch Branch registry.

Reasons

1. Facts of recognition;

A. (1) The relationship between the parties, etc. (1) The Plaintiff is the head of C, who died on April 12, 2015, and C is the owner or equity holder of each real estate listed in the separate sheet (hereinafter “individual real estate” is omitted and recorded only the sequence). The Plaintiff jointly and severally guaranteed the obligation to the Korea Asset Management Corporation.

On the other hand, from December 15, 2005, the defendant registered a credit business and aided and hindered legal affairs of Pyeongtaek C.

(2) The acquisition value of the real estate stated in C’s Schedule (1) stated in C’s Schedule in the register of real estate register is KRW 4.5 million as of May 28, 2006, and the real estate stated in (5) is KRW 45 million as of June 13, 2006.

B. Upon the completion of the construction of the right to real estate listed in the Attachment List, C, upon receiving a demand for reimbursement of debt from the said construction, set the right to collateral security amounting to KRW 25 million with respect to the real estate described in subparagraph (1) in the future E on June 20, 2006, and KRW 54 million with respect to the real estate described in subparagraph (5) on July 3, 2006, respectively.

(2) The above Corporation provisionally seized C’s shares in the real estate stated in subparagraph (3) of November 8, 2006.

On February 9, 2007, C cancelled the right to collateral security as indicated in (1) and (5) under the name of E, and on the same day, C created the right to collateral security of KRW 90 million with respect to the real estate described in (1) as the receipt of the branch office of Suwon District Court’s branch office, which received the maximum debt amount of KRW 15 million with respect to the real estate described in (1) from the Defendant, as the maximum debt amount of KRW 5 million with respect to the registration of collateral security (hereinafter “registration of collateral security”).

On the other hand, C completed the registration of ownership transfer on the grounds of sale as of September 13, 2007, in the future of the pro-friendly job offering F, the real estate stated in subparagraph (5) of September 2007, and the above Corporation provisionally seized the real estate stated in subparagraph (4) of December 20, 207.

(3) C cancelled the registration of transfer of ownership under F on January 21, 2009 due to cancellation of the agreement.

In addition, C cancels the right to collateral security under the name of the defendant with respect to the real estate described in paragraph (5) and the maximum amount of debt 46 million won in the name of the creditor, Dong-dong.

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