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(영문) 청주지방법원 충주지원 2018.07.10 2017가단5122
근저당권말소
Text

1. The defendant,

(a)with respect to each real estate listed in the separate sheet 1 to 20, b.

Reasons

1. Facts of recognition;

A. The Promissory Notes and related litigation 1) D is a representative E Co., Ltd. (hereinafter “Nonindicted Company”).

A) On December 18, 2008, the face value of KRW 100,000,000 at face value, and on May 18, 2009, the date of payment, the voice Eup/Myeon, and a promissory note in blank (bill No. F; hereinafter “instant Promissory Notes”).

(2) On December 18, 2008, G, which was referred by the Defendant on May 18, 2009, issued a bill of this case on December 18, 2008, issued a notice of non-payment and made an endorsement in blank. (2) On May 18, 2009, G, which was referred by the Defendant, filed a lawsuit claiming the payment of the bill of this case against the non-party Company and the Appointor C, (1) on December 18, 2008, under the Cheongju District Court Assistance 2016Ga22878, the Cheongju District Court Decision 2016Ga2878, and (2) on December 18, 2008.

On March 22, 2017, the foregoing court: (a) it is difficult to recognize the existence of the borrowed money and the joint and several sureties thereof as alleged by G; (b) it rendered a dismissal judgment on the ground that the extinctive prescription of the claim for the bill of exchange has expired; (c) G appealed with Cheongju District Court 2017Na11613, but was dismissed on September 27, 2017; and (d) the said judgment became final and conclusive around that time.

(hereinafter referred to as the “instant case”) B.

1) Each real estate listed in the separate sheet 1 to 20 is owned by the Appointor C, and each real estate listed in the separate sheet 21 and 22 is owned by the Plaintiff (Appointed Party) Co., Ltd. (hereinafter “Plaintiff Company”).

A) The Plaintiff Company and the appointed party are the owners of the right to collateral security (hereinafter “each of the instant right to collateral security”) against the Defendant as the Cheongju District Court Audio Registry No. 12134, May 25, 2009, the maximum debt amount of which is KRW 120,000,000, the debtor company and the non-party company of the right to collateral security (hereinafter “the

(2) On the other hand, D, the representative of the non-party company and the plaintiff company, respectively, completed the registration of creation.

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