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(영문) 의정부지방법원 2014.10.23 2013가단157060
근저당권설정등기 등 말소 청구의 소
Text

1. The defendant on February 4, 2008, as to the real estate stated in the attached list in the plaintiff's attached list, the Dong Government District Court's registry office of the district court.

Reasons

1. Facts of recognition;

A. Between D and D on February 4, 2008, C entered into a contract to establish a mortgage (hereinafter “mortgage”) with the obligor as to the real estate indicated in the separate list owned by D (hereinafter “instant real estate”) with the maximum debt amount of KRW 37,500,000, and the debtor D (hereinafter “mortgage”). On the same day, C completed the registration of the establishment of a neighboring mortgage under C’s name (hereinafter “mortgage creation”) with the Government District Court’s registry office No. 16696, supra.

After December 14, 2012, the registration office of the Jung-gu District Court was received on December 14, 2012, the additional registration of the transfer of the right to collateral security in the name of the defendant was completed due to the transfer of the finalized claim as of December 14, 2012.

B. In addition, on February 5, 2008 between the Plaintiff and the Plaintiff, C entered into a contract on construction machinery owned by the Plaintiff [the name of construction machinery: dump truck and registration number: dump truck: current registration number is “I” through several changes in registration numbers thereafter; P124CB84NZ420; : P: 25 tons, tea serial number: F; hereinafter “instant construction machinery”): F; hereinafter “instant construction machinery”); and completed the establishment of mortgage on the same day.

C. Meanwhile, C applied for the auction of the construction machinery of this case to G with the District Government District Court G on December 11, 2012 during the said auction procedure, and C prepared a distribution schedule with the content that, as a creditor and mortgagee, C distributes the total amount of KRW 37,500,000 to C in the second priority of the maximum debt amount, during the said auction procedure, and C received the said money.

After that, on April 29, 2013, the Defendant filed an application for an auction of the real estate rent on the instant real estate with the District Court HH based on the instant mortgage, and received the order to commence the auction procedure from the said court on May 15, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1, 3, 3, 4, 5.

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