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(영문) 제주지방법원 2019.08.14 2018나12599
근저당권말소
Text

The judgment of the first instance shall be revoked.

The defendant shall pay to the plaintiff 1/2 of each real estate listed in the attached list.

Reasons

1. Basic facts

A. The registration of transfer of ownership in the name B and C was completed on February 11, 191 with respect to 1/2 shares of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On October 9, 1998, B completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to one-half share of one-half share of the instant real estate among the instant real property, with the debtor B and the mortgagee as the defendant, with the maximum debt amount of KRW 350 million.

C. B completed the registration of ownership transfer on January 18, 200 with respect to one-half of one-half of one-half shares of each of the instant real estates D on January 18, 200, due to a gift made on January 6, 200.

D on May 29, 2009, with respect to one-half percent of his own share of each of the instant real property, D completed the registration of creation of a collateral of KRW 430 million with respect to the debtor E and the mortgagee as the plaintiff, the maximum debt amount of KRW 430 million.

E. The plaintiff is against the main debtor E and the debtor B and D.

On November 11, 2015, an order for payment seeking the reimbursement of the indemnity amount, which is the secured debt under Paragraph (1), was issued and issued on November 11, 2015, “Co., Ltd. E, B, and D shall jointly and severally pay KRW 440,139,645, and KRW 438,666,537 (the principal of the indemnity amount shall be KRW 430,000,000; hereinafter “instant indemnity claim”) from March 29, 2013 to the delivery date of the original copy of the payment order, and KRW 12% per annum from the next day to the date of full payment,” and the above order was finalized around that time.

F. Meanwhile, as this Court Decision 2013Hadan131, 2013Ma131, and D, as this Court Decision 2013Hadan124, and 2013Ma124, respectively, entered each of the claims for reimbursement in the creditors’ list in the creditors’ list, and D, as the secured claim of the instant collateral security, had KRW 350 million as the secured claim of the instant claim.

G. On August 22, 2017, the decision to grant immunity to B and D was made, and the decision to grant immunity was finalized on September 7, 2017.

grounds for recognition.

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