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(영문) 청주지방법원제천지원 2020.01.22 2018가단22493
근저당권말소
Text

1. On March 20, 2018, the Defendant, as to each real estate listed in the separate sheet, filed with the Cheongju District Court for the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C had a de facto marital relationship from October 14, 2007 to February 2018.

The defendant is C's Chok.

B. On March 24, 2015, the Plaintiff acquired ownership of each real estate listed in the separate sheet.

C. On March 20, 2018, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) under the Cheongju District Court’s receipt of support for the Cheongju District Court for each real estate listed in the separate sheet as “200,000,000 won, and the Defendant of the mortgagee” (hereinafter “registration of creation of a neighboring mortgage”) with respect to each real estate listed in the separate sheet in order to secure a property division obligation against C due to termination of de facto marital relationship.

On September 17, 2019, the Plaintiff was sentenced to a judgment on the claim for consolation money and division of property [to pay consolation money and 3,000,000 won as consolation money, and 12% per annum from January 3, 2019 to September 17, 2019, and the amount calculated at the rate of 12% per annum from September 18, 2019 to the day of full payment, and the above judgment became final and conclusive around that time. The Plaintiff, on December 17, 2019, was entitled to receive 3,00,000 won as consolation money, and 14,450,08 won as division of property, 12% per annum from September 18, 2019 to the day of full payment, and the Plaintiff was entitled to receive 14,50,000 won as compensation for property division, 205,000 won to the Plaintiff’s entire 315,014,015 won as the Plaintiff’s principal and interest was paid from the 35.

2. According to the facts of the above recognition, the secured debt of the registration of the establishment of a neighboring mortgage of this case is the Plaintiff’s property division debt against C due to the termination of de facto marriage relationship, and the Plaintiff’s 1-D.

Paragraphs 1 and 5.

Since the above secured debt established by judgment was fully repaid as stated in the paragraph, the defendant is obligated to implement the procedure for registration of cancellation of the establishment registration of the mortgage of this case to the plaintiff.

On the other hand, real estate owned by the debtor is secured for bond security.

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