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(영문) 광주지방법원 2017.01.10 2015가단532707
소유권말소등기
Text

1. On April 10, 2015, the Defendant: (a) on each real estate listed in the attached list to the Plaintiff, the Gwangju District Court’s Yeongdeungpo Branch Office.

Reasons

1. Basic facts

A. On February 13, 2007, C was the husband of the Plaintiff at the time.

The joint and several sureties borrowed KRW 20,000,000 from D on February 208, 2008.

(hereinafter “the instant loan”). (b)

On February 15, 2007, the Plaintiff created a collateral security right with a maximum debt amount of KRW 30,000,000 with respect to each real estate listed in the separate list owned by the Plaintiff (hereinafter “each real estate of this case”) as to each real estate in the separate list owned by the Plaintiff (hereinafter “each real estate of this case”) in order to secure the performance of the loan debt of this case and the obligation to be borne in the future.

(hereinafter “instant collateral security”). C.

D On August 20, 2014, the Defendant, who was punished, transferred the claim of KRW 30,000,000,000 of the amount of the claim incurred until the time to the Plaintiff, and notified the Plaintiff of the assignment of the claim following the next day. On the other hand, the registration of the transfer of the instant right to collateral was completed on the ground of the transfer of the confirmed claim under Article 11316 of the Young-gu District Court’s receipt of registration office.

On October 28, 2014, the Defendant applied for voluntary auction to Gwangju District Court E, based on the instant collateral security, with respect to each of the instant real estate on October 28, 2014, and rendered a voluntary decision to commence the auction on October 29, 2014. The Defendant bid as a co-owner of each of the instant real estate, who was the highest bidder on March 12, 2015, decided to permit the sale on March 30, 2015, and paid in full KRW 31,025,000.

E. As a result, the registration of ownership transfer was completed on April 10, 2015 with respect to each of the instant real estate by the Gwangju District Court Young District Office No. 4335 on April 10, 2015.

(hereinafter “this case’s registration of transfer of ownership”). / [Grounds for recognition] Gap’s evidence 2-1, 2, 3, 5, 8, 1, 2-1, 2-1, 2-2, and the purport of the whole of the arguments and arguments

2. The plaintiff alleged by the parties concerned even though the secured debt of the instant right to collateral security has ceased to exist due to repayment.

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