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(영문) 서울남부지방법원 2018.05.29 2017가단235450
근저당권말소
Text

1. As to each real estate listed in the separate sheet to D:

A. Defendant A is the Cheongju District Court’s voice registry office on October 30, 2006.

Reasons

1. Facts of recognition;

A. On September 11, 2007, the Plaintiff filed a lawsuit against D with Suwon District Court 2007Gaso235693 against D to claim the payment of indemnity amount, and obtained a favorable judgment from the said court on May 20, 2008, stating that “The Plaintiff shall pay to the Plaintiff 10,011,461 won and 6,487,791 won with interest of 18% per annum from August 23, 1999 to the date of full payment.” The above judgment became final and conclusive on June 11, 2008.

B. (1) On October 30, 2006, Defendant A received the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of the right to claim ownership transfer of this case”) from Cheongju District Court, which received from Cheongju District Court, No. 25946, Oct. 25, 2006, with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

(2) On August 11, 2004, Defendant B received, from Cheongju District Court, No. 18609, which was received from Cheongju District Court, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) with respect to each of the instant real estate from Cheongju District Court, on the ground of a mortgage-mortgage contract with the maximum debt amount of KRW 50 million on August 11, 2004.

(3) On December 6, 2005, Defendant C received, from Cheongju District Court, No. 33690, which was received from Cheongju District Court, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of the second place”) with respect to each of the instant real estate, with the maximum debt amount of KRW 100 million on the ground of a mortgage-backed contract on December 6, 2005.

C. D’s insolvent, as of April 24, 2018, does not own real estate other than each of the instant real estate as of the date of the closing of argument in the instant case, and there is no other property.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 2-1, 2, and 3-1, 2, and 3, the fact inquiry results against the Court Administration Office of this Court, and the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. Article 564 of the Civil Act provides for.

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