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(영문) 울산지방법원 2018.01.31 2017가합23796
공동저당 대위등기
Text

1. The Defendants, on December 2006, shall provide the Plaintiff with the Ulsan District Court Yangsan Branch Office with respect to each real estate listed in the separate sheet No. 2 list.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are as follows.

As seen in the paragraph, on November 9, 2010, the debtor was the creditor of the debtor by accepting the contract for the debtor of the ordinary daily debtor corporation and became the creditor of the debtor.

A Co., Ltd. is the obligees of Yangsan Advanced Industries (Co., Ltd. before the alteration: Co., Ltd.) and Yangsan Industries Development Co., Ltd. (former trade name before the alteration: Yangsan Construction Co., Ltd.; hereinafter referred to as “ Yangsan High-Tech Co., Ltd.”).

B. Defendant C, D, and Cho Jong-il Co., Ltd.: (a) each real estate listed in the separate sheet Nos. 1 and 2, and each real estate owned by the debtor, Yangsan-si E, F land, G land, H land, H land, I land, J land, and K land in Yangsan-si, Yangsan-si, for the purpose of securing the debtor’s claims; and (b) the instant joint collateral mortgage was cancelled due to partial renunciation on August 29, 2014.

(C) The Plaintiff, on October 22, 2007, completed the registration of establishment of a mortgage on each of the real estates listed in the separate sheet No. 3,800,000 (hereinafter “joint collateral mortgage of this case”) with the Ulsan District Court Yangsan District Court No. 62593, Dec. 28, 2006 (hereinafter “each of the instant real estates”). The Plaintiff completed the registration of establishment of a mortgage on each of the real estates listed in the separate sheet No. 41841, Oct. 22, 2007, with regard to the maximum debt amount, as the maximum debt amount, KRW 3,00,000,000,000.

C. On January 8, 2009, the Gangnam Saemaul Community Co., Ltd., the senior mortgagee on each of the instant real estate applied for a voluntary auction (hereinafter “the instant voluntary auction”) with respect to each of the instant real estate on January 8, 2009, and the voluntary auction procedure commenced accordingly, each of the instant real estate listed in the separate list among the instant real estate and the E, F land, G land, H land, I land, I land, and J land were sold at KRW 12,257,629,80, and on September 30, 2009, on September 30, 2009, the date of distribution of the said auction procedure was KRW 1,373,116,876.

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