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(영문) 춘천지방법원 영월지원 2018.07.11 2017가단12412
근저당권말소
Text

1. The defendant shall receive, on August 8, 2003, the Chuncheon District Court's Cheongcheon-gun's 1,530 square meters in relation to Gangwon-gun's Haak-gun C.

Reasons

1. Facts of recognition;

A. The Plaintiff’s succeeding intervenor’s claim 1) Plaintiff (Withdrawal, hereinafter “Plaintiff”) is limited to Plaintiff (hereinafter “Plaintiff”).

(1) On December 4, 2013, “B shall pay to the Plaintiff 47,756,779 won and 14,218,11 won with interest rate of 17% per annum from September 11, 2012 to the date of complete payment.” The above judgment became final and conclusive around that time, and (2) on February 23, 2016, the Seoul Central District Court 2016 (Seoul District Court 2016) filed a lawsuit claiming the amount of money received, and (3) on February 23, 2016, “B shall pay to the Plaintiff 19,604,774 won and 6,200,000 won, which shall be the annual interest rate of 17% from February 1, 2016 to the date of complete payment; and (4) the Plaintiff received the order to pay the said amount of money to the Intervenor 20,000 won.”

3) On May 29, 2018, the Plaintiff’s succeeding intervenor filed an application for intervention in the instant lawsuit, and the Plaintiff withdrawn from the instant lawsuit on June 27, 2018. B. The Defendant’s establishment of the right to collateral security (hereinafter “instant real estate”) is the 1,530 square meters prior to Kangwon-gun, Gangwon-gun, Gangwon-gun, which is owned by the Defendant.

(1) As to the registration of the establishment of a neighboring mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed claims)

(c) The instant real estate, which is insolvent, is the only real estate owned by B, and B seems not to hold any particular positive property except for that. [Grounds for recognition] The fact that there is no dispute, Gap 1 through 3 evidence (including the serial number, the fact inquiry about the Court Administration Office, the purport of the entire pleadings, as a result of the fact inquiry about the instant real estate,

2. Summary of the parties' arguments;

A. The Intervenor succeeding to the Plaintiff did not have the secured debt but the Defendant and B are pro-friendly.

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