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(영문) 서울남부지방법원 2020.11.11 2020가단262933
근저당권말소
Text

Defendant C

A. As to the portion of 1,488/15,372 of the real estate listed in the separate sheet to Plaintiff A, Chuncheon District Court.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination on the Plaintiff’s claim against Defendant D Limited Liability Company

A. Facts of recognition 1) Plaintiff A is the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On October 18, 2002, the Plaintiff owned 2,232 shares after acquiring the shares of the instant real estate from the Plaintiff B on October 18, 2002. However, on January 31, 2008, the Plaintiff borrowed KRW 30 million from E as of January 31, 2008 and borrowed KRW 679 on February 4, 2008, with the maximum debt amount of KRW 60 million and KRW 70 million as of February 4, 2008, and KRW 30,000,000,000 and KRW 30,000,000,000,000 and KRW 30,000,000,000,000 and KRW 2038,000,000,000,000 were determined as the registration of creation of the mortgage (hereinafter “the maximum debt amount of the instant case”). The Plaintiff was additionally determined as the obligor and KRW 3638,030,0,038,00,038.

3) On April 8, 2015, Plaintiff A sold 744/15,372 of the shares of the instant real estate to Plaintiff B. On May 1, 2015, Plaintiff D limited liability company: (a) on February 23, 2020, the registration of transfer of ownership of the said shares was completed; and (b) on February 23, 2020, Defendant D limited liability company entered in the additional registration of the seizure of the said shares in the registration of the establishment of a new mortgage on February 28, 202 with the Jeju District Court No. 2020TB54, issued a seizure and collection order with respect to each of the instant claims secured by each of the instant collateral security rights as the Jeju District Court No. 20112, Feb. 28, 2020.

[Ground of recognition] There is no dispute.

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