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(영문) 서울고등법원 2015.11.20 2014나9382
근저당권말소
Text

1. At the request of an exchange change in the trial, with respect to each real estate listed in the Schedule of the Attached Real Estate.

Reasons

1. Basic facts

A. The registration of the establishment of a neighboring mortgage (hereinafter “instant collateral security”) was completed with respect to each real estate listed in the attached list of real estate owned by the Plaintiff (hereinafter “instant real estate”) with respect to the Suwon District Court’s Ansan Branch No. 52707, May 9, 2008, which was received on May 9, 2008, the debtor, the mortgagee, the Defendant, and the maximum debt amount of KRW 190 million.

B. On July 29, 2013, the Defendant received a decision to commence a voluntary auction based on the instant right to collateral security from the Suwon District Court I for each of the instant real estate.

C. On the other hand, K has four collateral security rights with the size of 66558 square meters, which are the instant real estate and another real estate owned by the Plaintiff, as joint collateral (K acquired each of the above collateral from M and N on October 18, 2012, and completed the additional registration before October 30, 2012. Each of the above collateral security rights is subordinate to the instant collateral security rights, and its total maximum debt amount is KRW 70 million), and on July 26, 2013, K obtained a decision to commence voluntary auction based on each of the above collateral security rights by the Ansan-si Labor Assistance J for each of the above real estate on July 26, 2013.

Each of the above auction procedures was jointly conducted, and the real estate listed in the [Attachment 1] list was sold toO on February 5, 2015, and the real estate listed in the No. 2 list was sold to K on December 9, 2014.

(Along with the 66558m2 at the time of Ansan-si, Ansan-si, a member of which was sold around that time).

On April 16, 2015, the above auction court determined the amount to be actually distributed KRW 570,733,484, which was deducted from the execution expenses in aggregate of KRW 578,30,00,00,00, etc. of the sales proceeds of each of the instant real estate and of KRW 6658,30,00 in Ansan-si, Ansan-si, and distributed KRW 378,570,474 to K, respectively, in the first order.

F. Meanwhile, the above auction procedure (the auction procedure based on the instant collateral security) applied by the Defendant is the Seoul High Court on December 16, 2014.

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