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(영문) 대구지방법원 2018.12.13 2018가단115273
근저당권말소
Text

1. Defendant C received on April 5, 2016, as the Daegu District Court received on April 5, 2016, with respect to real estate stated in the attached list from the Plaintiff.

Reasons

1. Facts of recognition;

A. As to the real estate indicated in the separate sheet (hereinafter “instant real estate”), Defendant B completed the registration of creation of a mortgage between the Daegu District Court (Seoul District Court, No. 18538, Dec. 24, 2013; and the maximum debt amount of KRW 51,00,00,000; the debtor; the debtor; and Defendant C completed the registration of establishment of a mortgage between the mortgagee and the Defendant B, based on the contract concluded on April 5, 2016, No. 54614, Apr. 1, 2016; and Defendant C completed the registration of establishment of a mortgage between the maximum debt amount of KRW 60,00,000,000,000,000 on the ground of the contract concluded on April 1, 2016.

prescribed provisions

1. The plaintiff (the plaintiff C) and the defendant (the plaintiff in this case) are divorced.

2. The Defendant’s division of property to the Plaintiff

(a) pay 20,000,000 won by July 31, 2017;

(b) From March 1, 2017 to March 31, 2019, KRW 1,200,000 per month shall be paid on the last day of each month.

C. Besides, active property in the name of both the plaintiff and the defendant is owned in that name, and the small property is held in that name.

3. It is confirmed that a notary public prepared by the Plaintiff and the Defendant has no validity in the No. 229 of the No. 2016 of the No. 2016 of the Promissory Notes (hereinafter “No. 300”).

4. The plaintiff and the defendant shall not claim against each other all property, such as consolation money and division of property, in addition to those stipulated above in relation to the divorce of this case.

5. The plaintiff waives the remaining claims.

6. The costs of lawsuit and the costs of mediation shall be borne respectively;

B. On February 13, 2017, with respect to the case of divorce and division of property between the Plaintiff and the Defendant C, the following mediation was concluded on February 13, 2017.

C. The notarial deed of the Promissory Notes is a notarial deed to the effect that if the Plaintiff delays the payment of the amount of the Promissory Notes, “the amount of face value KRW 60 million, the issuer, Defendant C, and the date of issuance of the Promissory Notes, April 1, 2016, and March 31, 2017.”

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