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(영문) 전주지방법원군산지원 2020.07.22 2018가단55973
근저당권말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 8, 2014, the Plaintiff filed a lawsuit against D seeking unjust enrichment against D, Seoul Central District Court Decision 2012Da5150041, the Plaintiff’s claim against D, and, on October 8, 2014, rendered a decision in lieu of conciliation that “D shall pay KRW 10,000,000 to the Plaintiff as unjust enrichment due to illegal possession of railroad land from January 1, 200 to September 28, 2008. Meanwhile, the Plaintiff has a separate claim for return of unjust enrichment with respect to possession thereafter.” The said decision became final and conclusive on October 29, 2014.

B. As to each real estate listed in the separate sheet Nos. 1, 1, and 2, with respect to each real estate listed in the separate sheet Nos. 1, 1, and 2, D, with respect to each real estate against the Defendants of D, D, with the maximum debt amount of KRW 845,00,000, and with the Defendant A, who is the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the creation of a mortgage on January 11, 2013, with the maximum debt amount of KRW 845,00,000, and with the Defendant B, who is the birth of the birth of the birth of the creation of a mortgage on January 10, 203, with the maximum debt amount of KRW 100,00,000, and each contract to establish a mortgage on January 14, 2016 through separate sheet Nos. 31 through 31, 2016.

3. The sum of each of the real estates listed in the list is “each of the instant real estates.”

As to the foregoing, D: (a) on January 11, 2013, the maximum debt amount of Defendant A was KRW 845,00,000; (b) on January 10, 2013, the registration of creation of a mortgage based on a contract to establish a mortgage was made to Defendant B; (c) on the same day, the registration of creation of a mortgage based on a contract to establish a mortgage was made to Defendant B as KRW 195,00,000; and (d) on January 10, 2013, each contract to establish a mortgage based on a contract to establish a mortgage was made (hereinafter collectively referred to as the “each of the instant mortgages”).

(iii) [Ground of recognition] unsatisfy, Gap evidence 1, 3 through 9 (including paper numbers; hereinafter the same shall apply).

each entry of this section.

2. The parties' assertion

A. The Plaintiff’s assertion D does not have the intent to avoid the Plaintiff’s compulsory execution regarding each of the instant real estate.

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