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(영문) 부산지방법원 2019.01.08 2017가단23383
가등기말소
Text

1. On December 31, 2004, the defendant shall register with the Busan District Court for the real estate stated in the attached list to C, and on December 31, 2004.

Reasons

1. Facts of recognition;

A. On May 8, 1990, C completed the registration of ownership transfer for reasons of sale on December 27, 198 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, C completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with a maximum debt amount of KRW 10,40,000 for each of the obligors as C, the debtor, and the maximum debt amount of KRW 10,40,000. On December 31, 2004, on December 30, 2004, C completed the provisional registration of right to claim ownership transfer (hereinafter “the instant provisional registration”).

B. On March 4, 2014, the Plaintiff filed a lawsuit against C on May 28, 2004 against the Plaintiff for a loan claim. On August 19, 2014, the Busan District Court rendered a judgment that “C shall pay to the Plaintiff the amount of KRW 14,183,053 and KRW 5,831,067 at the rate of 18% per annum from March 4, 2014 to the date of full payment (Seoul District Court Decision 2014Da3291),” which read that “C shall pay to the Plaintiff the amount of KRW 14,183,053 and KRW 5,831,067 at the rate of 18% per annum from March 4, 2014 and April 17, 2015 (Seoul District Court Decision 2014Na14198)” and the final judgment became final and conclusive on August 19, 2015.

C. On August 25, 2015, on November 1, 2001, the Plaintiff completed the additional registration of the transfer of the right to collateral security on the ground of a company merger. On October 13, 2015, the Plaintiff filed an application for voluntary auction based on the right to collateral security on the right to collateral security, and on October 14, 2015, the entry registration of the decision on voluntary auction was completed on October 14, 2015.

(Resan District Court E). d.

C filed a lawsuit against the Plaintiff on April 27, 2016. On July 20, 2017, Busan District Court rendered a judgment that “C fully pays the principal and interest of a loan based on the right to collateral security from May 30, 199 to May 29, 2012, the Plaintiff was subject to the procedure for registration of cancellation of the right to collateral security” (Seoul District Court Decision 2016Da316613) and the judgment on August 5, 2017 became final and conclusive.

(hereinafter referred to as "final and conclusive judgment") e.g.

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