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(영문) 서울중앙지방법원 2017.07.18 2016가단5290558
근저당권말소
Text

1. As to each real estate listed in the separate sheet for D, E,

A. Defendant A shall register Chuncheon District Court, Gangseo Branch Branch Court and February 1, 1993.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against F with the Seoul Central District Court 2015da379019 against the Plaintiff for the reimbursement of the amount of indemnity against D and E. The judgment was rendered on March 24, 2016 that “F shall pay the amount of KRW 7,936,437 jointly and severally with G and KRW 5,768,832 from September 24, 1996 to September 15, 2005; KRW 20% per annum from the following day to September 30, 2015; and KRW 15% per annum from the next day to the date of full payment.” The judgment became final and conclusive on April 21, 2016.

(2) On June 16, 2016, F died (hereinafter “the deceased”), and the Plaintiffs are co-inheritors of the deceased, and the succeeding execution clause that the Plaintiff received as the deceased’s successor was served on D and E respectively on November 2, 2016.

B. (1) A completed the registration of establishment of a mortgage for each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”) and the registration of establishment of a mortgage for the transfer of the right to collateral security to the Defendant on February 24, 1993, with the maximum debt amount of KRW 200,000,000,00 for the reason of the contract on the same day as the beneficiary of the right to collateral security was completed on February 24, 1993, and the Deceased transferred the said right to the Defendant A on September 27, 1993, and completed the additional registration for the transfer of the right to collateral security on September 27, 1993. The Deceased transferred the said right to the Defendant on September 27, 1993 and completed on September 25287, 193.

(2) The Deceased completed the registration of establishment of a mortgage creation of KRW B, the maximum debt amount of KRW 200,000 on October 15, 1994, which was based on the registration of Gangnam branch court of the Chuncheon District Court as to each of the instant real estate and the contract establishing a mortgage on October 25, 1994, which was received on October 25, 1994.

(3) The Deceased, on August 30, 1996, shall be the Defendant C, the maximum debt amount, and the maximum debt amount of KRW 70,000,00,00 on the ground of the registration of the Gangseo branch court of the Chuncheon District Court as to each of the instant real estate and the contract establishing a mortgage on August 29, 196, which was received on August 30, 1996.

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