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(영문) 춘천지방법원 2017.08.09 2017가단1267
근저당권말소등기
Text

1. The defendant shall receive on April 10, 2008 from the plaintiff on the buildings listed in the annexed Table 1 list from the Hongcheon District Court Hongcheon Registry.

Reasons

1. Basic facts

A. C on March 30, 2006, acquired the first priority collateral of KRW 700 million with respect to each real estate listed in the separate sheet No. 2 attached hereto (hereinafter “instant real estate”) on the ground of the acquisition of the secured debt on March 30, 2006 by Hongcheon District Court, Hongcheon Registry No. 4349, Mar. 14, 2003.

B. Since then, the Defendant completed the registration of the establishment of a mortgage over the second-order neighboring to the real estate of this case, which consists of KRW 300 million with the maximum debt amount as stated in the attached Table 2 list.

C. In addition, C completed the registration of the establishment of a second-class collateral (and the transfer) with respect to the instant building, which is KRW 32,500,000,000, the obligor D and the maximum debt amount, and the Defendant completed the registration of establishment of a third-class collateral with the maximum debt amount of KRW 300,000,000,000 among the instant real property.

However, the auction of the instant real estate did not proceed all at once, and was conducted over four times as follows.

1) The first auction [Scheon District Court E and F.) was conducted with respect to real estate listed in [Attachment 2] 30,31, and C, the first mortgagee, was paid dividends of 309,671,680 won (except for the pertinent tax). The Defendant, the second mortgagee, the second mortgagee, was not paid dividends of 309,671,680 won (except for the pertinent tax). 2) The second auction (Scheon District Court G) was conducted with respect to real estate listed in Attached 2 List 36 to 42, and C was paid dividends of 122,58,651 won of dividends.

3) The third auction (H of the Chuncheon District Court) was conducted with respect to real estate listed in the attached Table 2 list 32 through 35, and C, the first and second collateral security (the acquisition by transfer of I Co., Ltd. and the distribution of dividends to C by the said Company) was paid dividends in full amounting to KRW 546,172,443 (except for the pertinent tax). The Defendant, the third collateral security holder, the third collateral security, was not paid dividends. 4) The fourth auction (hereinafter “the auction of this case”) of the instant real estate, the remainder 29 out of the instant real estate (as stated in the attached Table 1 and 29; hereinafter “instant auction real estate”).

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