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(영문) 대구지방법원 2015.03.26 2014가합200859
근저당권말소
Text

1. As to real estate listed in the separate sheet:

A. It was concluded on August 7, 2013 between Defendant B and E.

Reasons

1. Basic facts

A. On April 23, 2010, the Plaintiff leased KRW 150 million to E with interest rate of KRW 7.5% per annum, and the due date for payment on December 30, 2010. 2) The Plaintiff filed an application for provisional attachment (Seoul District Court Branch Branch Branch Branch Branch Office 2013Kadan26544) on August 19, 2013 for the real estate listed in the separate sheet (hereinafter “instant real estate”) on August 14, 2013 in order to preserve the execution of the said loan claim, and the registration of the entry was completed on the same day upon receipt of the decision of provisional attachment from the Busan District Court Branch Branch Branch Branch branch on August 19, 2013.

3. After that, on May 8, 2014, the Plaintiff filed a lawsuit against Party E with the Daegu District Court Branch Decision 2014Gahap1950. On August 29, 2014, the said court rendered a judgment that “E shall pay to the Plaintiff the amount of KRW 150,000,000 and the amount calculated at the rate of KRW 7.5% per annum from March 23, 2013 to July 22, 2014, and 20% per annum from the following day to the date of full payment.”

B. E’s establishment of the right to collateral security against the Defendants on August 7, 2013: (a) concluded the right to collateral security with Defendant B to secure a loan claim amounting to KRW 190 million; (b) the right to collateral security determined as KRW 200 million between Defendant C and Defendant C to secure a loan claim amounting to KRW 150 million with the mortgagee C and the maximum debt amount; and (c) concluded the right to collateral security agreement with Defendant D to secure a loan claim amounting to KRW 30 million with Defendant D, the right to collateral security amounting to KRW 30 million with the maximum debt amount, KRW 30 million with Defendant D; and (d) on the same day, the right to collateral security agreement with Defendant B, Busan District Court No. 41279, Aug. 7, 2013; and (e) the right to collateral security was established with Defendant C, Daegu District Court No. 20138, Apr. 27, 2013; and (e) the right to collateral security registration was accepted by Defendant C.

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