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(영문) 춘천지방법원 원주지원 2017.02.08 2015가단31499
근저당권말소
Text

1.J:

A. As to the real estate listed in the separate sheet Nos. 1, 3 through 12, Defendant A, the Chuncheon District Court.

Reasons

1. Basic facts

A. On February 11, 2009, the plaintiff filed a lawsuit against J for the claim for reimbursement amounting to the original state branch of Chuncheon District Court 2008Da13295, the above court rendered a judgment that "J shall jointly and severally with K to the plaintiff KRW 40,035,326 and KRW 10,592,753 among them shall pay damages for delay to the plaintiff." The above judgment became final and conclusive on March 10, 2009.

The amount of claims against the plaintiff J is KRW 49,419,028 as of December 5, 2016.

B. 1) On May 11, 1993, J completed the establishment registration of mortgage over the mortgagee L, the debtor J, the maximum debt amount of KRW 10,000,000 with respect to the real estate listed in the separate sheet Nos. 1, 3, and 12, under the Act No. 4377 as of May 11, 1993, as to the real estate listed in the separate sheet No. 5087, which was received on June 9, 1993 by the same registry office, the establishment registration of mortgage over the mortgagee L, the debtor J, the maximum debt amount of KRW 50,00,000 (hereinafter referred to as “L-title-mortgage”).

(2) On September 11, 2013, Defendant A changed the mortgagee of the said right to collateral security from L to Defendant A on the ground of transfer of confirmed claim on September 9, 2013, and completed the supplementary registration of the transfer of collateral security on September 11, 2013. (2) The J completed to M on July 13, 1994 the registration of establishment of collateral security of KRW 70,000 (the maximum debt amount) with respect to the real estate set forth in the No. 1 or 12 set forth in the separate list, as of July 13, 1994.

(hereinafter “M-registered collateral security”). On December 4, 1999, M succeeded to M’s property at the ratio of 3/7 shares, Defendant H and I, the spouse of G, and 2/7 shares, respectively.

3 With respect to the real estate listed in the separate sheet Nos. 1 through 3, 7, 9, and 12, Chuncheon District Court No. 7379, August 3, 1994, as to the registration of creation of a mortgage between the mortgagee B, the debtor J, the maximum debt amount of KRW 45,00,000, and the No. 5 of the separate sheet, as to the real estate listed in the separate sheet No. 7370, August 3, 1994, the J shall be the mortgagee B, the debtor J, the maximum debt amount of KRW 45,00,000,000.

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