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(영문) 창원지방법원 마산지원 2018.10.11 2017가단106889
근저당권말소
Text

1. C:

A. As to each real estate listed in [Attachment] Nos. 1 and 2, Defendant A, the Changwon District Court Msan Branch, 202.

Reasons

1. Basic facts

A. On November 8, 2002, C completed the registration of creation of each collateral (No. 75032, Nov. 8, 2002, the Changwon District Court Decision 75032, Nov. 8, 2002) with respect to each real estate listed in [Attachment A] List No. 1 and 2 (hereinafter “instant real estate No. 1, No. 2500,00,000) as the obligor C.

B. On December 4, 2002, C completed on December 4, 2002, the registration of creation of each of the real estate listed in the separate sheet (hereinafter “instant real estate 1 through 3”) with respect to Defendant B, KRW 20,000,000 with respect to the maximum debt amount, and each of the neighboring real estate registered as the debtor C (No. 80572, Dec. 4, 2002, the Changwon District Court was Masan Branch).

C. The plaintiff filed a lawsuit against the Changwon District Court around 2006 against the plaintiff, and on September 27, 2006, the Changwon District Court sentenced "C shall pay to the plaintiff 26,569,848 won and 2,97,123 won per annum from April 30, 2003 to the date of complete payment, 29% per annum from April 30, 2003 to the date of complete payment, 5,763,964 won per annum 29,15,811,576 won per annum from June 30, 2003 to the date of full payment." The judgment of Changwon District Court decided to pay to the plaintiff 25% per annum from June 30, 2003 to the date of full payment (Seoul District Court Decision 2006Ga4589 decided April 4, 2006). The above judgment became final and conclusive on March 1, 2006.

As of the closing date of the instant case, C is insolvent.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion that each of the Defendant A’s respective right to collateral security and each of the right to collateral security regarding the instant 1 and 2 real estate was null and void since there was no secured obligation, and even if there was a secured obligation.

Even if the statute of limitations has expired, all.

Therefore, C may request the defendants to register the cancellation of the registration of the establishment of each of the above units.

However, C is insolvent, and the plaintiff is a monetary creditor for C, and the plaintiff is C to preserve the claim against C.

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