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(영문) 대구지방법원서부지원 2015.07.08 2013가단18701
근저당권설정등기말소등
Text

1. Defendant A shall indicate to F each real estate listed in paragraphs 1 through 4 as well as the attached real estate.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against F with the Seoul Central District Court No. 2005Kadan10387, and the above court rendered a favorable judgment of the Plaintiff on July 19, 2005 that “F shall pay to the Plaintiff the amount of KRW 25,035,360 per annum from October 3, 2002 to June 16, 2005, the amount of 19% per annum and 20% per annum from the next day to the date of full payment” with the purport that “F shall pay to the Plaintiff the amount of KRW 25,035,360 per annum from October 3, 2002 to the next day.”

B. F is the owner of each of the instant lands, and as to each of the instant lands, the registration of the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of the right to claim ownership transfer of each of the instant lands”) that Defendant A was the holder of the right on July 3, 2002 by the Sung-gu District Court Seo-dong Branch Office, Seo-gu District Court’s Seo-dong Branch Office, as of July 3, 2002, as of July 3, 2002, and the registration of the provisional registration of the right to claim ownership transfer of each of the instant lands (hereinafter “provisional registration of each of the instant lands”), the Seo-gu District Court’s Seo-dong Branch Branch Branch Branch Office, as of February 9, 196, No. 1661, Feb. 8, 1996, respectively, established the registration of the establishment of a neighboring mortgage (hereinafter “the establishment of each

C. H (hereinafter “the deceased”) died on June 20, 200, and his heir was Defendant C, D, and E, the spouse of the Defendant B, and his children.

F’s active property is equivalent to KRW 202,971,50 in total of the market price of each land of this case. Petty property is equivalent to KRW 80,058,939 in respect of the Plaintiff, KRW 47,207,924 in respect of the National Duplicative Fund of the Co., Ltd. (the amount shall be calculated only before the sale from the Plaintiff to the aforementioned National Duplicative Fund), KRW 38,614,601 in respect of the Korea Housing Finance Corporation, KRW 83,030,087 in respect of the Korea Housing Finance Corporation, KRW 185,474,871 in total, and KRW 434,386,422 in respect of the National Agricultural Cooperative Federation. Thus, F is insolvent.

[Based on the recognition] Defendant A: The confession (Article 150(3) and (1) of the Civil Procedure Act), Defendant B, C, D, and E: The absence of dispute, and the number of evidence Nos. 2, 3, and 6, respectively.

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