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(영문) 광주고등법원 2016.05.20 2014나4964
근저당권말소
Text

1. Of the judgment of the court of first instance, the building Nos. 1 and 3 in the separate sheet between Co., Ltd. and the defendant are as of August 30, 2013.

Reasons

1. Facts recognized;

A. B was supplied by the Plaintiff with Rool alcohol (DGS) from the Plaintiff on July 2013, 2013, but failed to pay the price for the goods.

B Recognizing that as of June 30, 2012, the Plaintiff has the obligation to pay the unpaid DGS amount of KRW 509,722,290 as of June 30, 2012, the Plaintiff shall accept it as follows:

The due date shall be August 9, 2013.

B If the unpaid amount is not paid by the due date, the third building of this case shall be set up in the first order of the plaintiff.

B If the repayment of the above money is delayed, the delayed payment shall be paid at the rate of 15% per annum for the delayed amount.

B. On July 29, 2013, the Plaintiff and B prepared a debt repayment contract containing the following contents, and a notary public received a notarized deed by the Chap Law Office No. 1279 on July 29, 2013.

C. As to the instant building: (a) on August 30, 2013, B completed the registration of the establishment of a mortgage on the first place of the instant building, which: (b) had the maximum debt amount determined as “60 million won”; (c) had the mortgagee registered the establishment of a mortgage on the first place of the instant building; and (d) completed the registration of the establishment of a mortgage on the second place of the instant building, which had the mortgagee as “Defendant”; and (b) had the mortgagee registered the establishment of a mortgage on the second place of the instant building that had the mortgagee as “Defendant”

On October 1, 2013, the instant building rendered a voluntary decision to commence the auction on October 11, 2013 upon the Defendant’s application on a collateral security right, and the voluntary decision to commence the auction on October 11, 2013, and the voluntary decision to commence the auction on June 10, 2014 to the same court G on June 9, 2014, respectively.

(hereinafter referred to as “instant auction procedure.” In the instant auction procedure, the Plaintiff received a successful bid for the instant building as the highest purchaser, and completed the registration of ownership transfer on January 7, 2015, and accordingly, completed the instant auction procedure.

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