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(영문) 대구지방법원 김천지원 2018.03.15 2016가단34638
근저당권말소
Text

1. As to real estate listed in the Schedule in Schedule E:

A. Defendant A is the Daegu District Court Kimcheon Branch on October 18, 1999.

Reasons

1. Basic facts

A. On April 17, 2008, the Plaintiff filed a claim against E, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), for the payment order stating that “E shall pay to the Plaintiff damages for delay and the expenses for demand procedure at the rate of 17% per annum from April 3, 2008 to the date of full payment” with respect to KRW 49,887,860 as well as KRW 25,821,212 as to KRW 49,87,860 as well as KRW 25,821,212 as to the Plaintiff.” The payment order was finalized on May 7, 2008.

(hereinafter “instant payment order”). B.

E, on October 12, 1999 with respect to the instant real estate, Defendant A, a convicted number of the instant real estate, completed the registration of creation of a mortgage with the maximum debt amount of KRW 30 million,00,000,000,000,000 for the reasons of the contract to establish a mortgage (hereinafter “the first collateral mortgage contract,” and “the registration of creation of a mortgage of KRW 1”) and completed the registration of establishment of a mortgage with respect to the instant real estate to the F on September 24, 2003, on the ground of the agreement to establish a mortgage on September 26, 2003, the Daegu District Court Kimcheon- Branch of the Daegu District Court was received on September 26, 2003, the maximum debt amount of KRW 28848,000,000,000,000.

(hereinafter referred to as "the second collateral mortgage contract" and "the second collateral mortgage registration")

C. The deceased on May 27, 2013, and the deceased on May 27, 2013, his heir is Defendant B, Defendant C, a spouse, and D.

E has no particular property other than the instant real property, and the seizure and provisional seizure of multiple creditors with respect to the instant real property is completed, and is an insolvent state in which the Plaintiff, Nonghyup, etc. bears obligations with respect to the instant real property.

[Evidence] In the absence of dispute, Gap evidence Nos. 1 and 2, the fact-finding results on the Kimcheon-market by this court, the result of this court's order to submit credit information to the Korean Credit Information Institute, the purport of the whole pleadings

2. The parties' assertion

A. It is a legal act that establishes the secured claim of the right to collateral security at the time of the Plaintiff’s assertion.

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