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(영문) 광주지방법원 2015.11.25 2015가단32153
근저당권말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 30, 2010, the Plaintiff filed an order with the Gwangju District Court 2010 tea23062 to pay the indemnity amount, and issued a payment order to the Plaintiff for KRW 276,432,524 and KRW 96,851,570 per annum from December 14, 2010, and the said payment order became final and conclusive around that time.

B. Each real estate listed in the separate sheet is owned by C. The registration office of Gwangju District Court, the head of the Sungsung District Court, No. 9178, Jul. 18, 1997, as to the real estate listed in the separate sheet No. 1, and the registration of creation of a neighboring mortgage, which was created by the debtor C, and the defendant A, was completed (hereinafter "the first collateral security"), and as to each real estate listed in the separate sheet No. 12735, Oct. 14, 1997, the head of the Gwangju District Court, the Sungsung District Court (hereinafter "the second collateral security"), the establishment of a mortgage was completed in the future on Oct. 13, 1997 (hereinafter "the second collateral security"), which was created by the contract as of Oct. 14, 1997, and was completed with the debtor C, the debtor C, and the debtor D, and the second collateral security (hereinafter "the second collateral security was received with the defendant No. 3601, Jun. 14, 20197).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1 and 2

2. Assertion and determination

A. The gist of the assertion of the cause of the claim is that the secured claim of each of the instant mortgages is the most secured claim by false representation in conspiracy, and even if not, each of the instant secured claims has expired by prescription after the lapse of 10 years from the time the establishment registration of each of the instant mortgages was completed.

B. In addition to the respective statements in the evidence Nos. 1 through 6, Defendant A shall lend KRW 60,000,000 to C around July 1997, and the above.

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