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(영문) 부산지방법원 동부지원 2018.11.28 2017가단220784
근저당권말소
Text

On September 8, 2000, the defendant shall make a registration office of the Daegu District Court with respect to each real estate listed in the attached list 1 through 7 to B.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) filed a lawsuit against B, etc. on the claim for reimbursement amount under the Busan District Court Decision 2009Da257208, and was sentenced to a favorable judgment on January 13, 2010. The above judgment became final and conclusive on February 11, 2010 with respect to B, and as of December 111, 2017, the Plaintiff’s claim for reimbursement amount against B, as of December 11, 2017, is equivalent to KRW 5,906,304, interest 19,107,185, total amount of KRW 25,013,489.

B. As to each real estate listed in the separate sheet 1 through 7 attached to B owned by the Defendant (hereinafter “the instant real estate”), the Defendant completed the registration of establishment of a collateral (hereinafter “registration of establishment of a collateral security”) with the debtor B, the mortgagee of a collateral security, and the maximum debt amount of KRW 70 million on the ground of the contract to establish the Cheongong District Court No. 6651, Sept. 8, 200, Daegu District Court’s registration office received on September 8, 200, based on the contract signed on September 7, 200.

C. Insolvent B, including the instant real estate, owns active property (real estate) equivalent to the sum of KRW 171,991,920,00 in total, but bears the total amount of KRW 571,660,597, including the indemnity liability against the Plaintiff, and is currently in excess of its obligations.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number in the case of additional number), each fact inquiry results against the Cheongong-gun, Ansan-dong market, and the Minister of National Court Administration, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant mortgage did not exist from the beginning, or that there was a domestic mortgage claim.

In order to preserve the claim for reimbursement against B, B, who is insolvent, seeks to cancel the registration of the establishment of the mortgage of this case.

B. The defendant's assertion ① The defendant is "C".

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