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(영문) 대전지방법원 2015.06.05 2014나11237
청구이의
Text

1. To dismiss the instant lawsuit that has been changed in exchange at the trial;

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

Reasons

1. Basic facts

A. Establishment of a collateral security right under the name of the Defendant 1) Each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

On May 28, 2004, the establishment registration was completed with respect to the real estate in the name of the defendant on the ground of transfer of contract on the same day as of August 13, 2010. (2) On August 13, 2010, the establishment registration was completed with respect to the real estate in the case of the Daejeon District Court No. 14788, the establishment registration was completed with respect to the mortgagee, the defendant, the debtor, the maximum debt amount of KRW 52 million with respect to the mortgage in the name of the defendant. (3) On August 13, 2010, the establishment registration was completed with respect to the real estate in the case of the Daejeon District Court No. 17733 on August 13, 2010.

3) Thereafter, on September 20, 2010, regarding the instant real estate, the establishment registration was completed with respect to the instant real estate by the Daejeon District Court (Seoul District Court) No. 20487, which was based on the mortgagee, Defendant D, and the maximum debt amount of KRW 13 million (hereinafter the above paragraphs (2) and (3) (hereinafter the “each of the instant collateral security”).

B. B. On September 19, 2012, the Defendant rendered a voluntary decision to commence the auction on the instant real estate to Daejeon District Court B.

2) Each section of exclusive ownership of the instant real estate in the said voluntary auction procedure (hereinafter referred to as the “instant real estate”) shall be specified only by the number.

(2) Each of the instant real estate was sold as indicated in the table below. The sale of each of the instant real estate was made in the name of 201 E on December 1, 2013 as of December 201, 2013, as of the date of the full payment of the purchase price of the indicated real estate by the purchaser, as indicated in the table below. The sale of each of the instant real estate was made in the name of 301 G on October 301, 2013 as of October 303, 2013, G H on October 302, 2013, and each of the instant real estate registered in the name of 301 G on October 1, 2013, each of the instant real estate acquired on October 13, 2013 as of October 402, 2013, respectively.

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