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(영문) 청주지방법원충주지원 2017.04.19 2016가단5309
근저당권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. As to each of the lands listed in the separate sheet (hereinafter collectively referred to as “each of the instant lands”) originally owned by B, the registration of creation of a mortgage (hereinafter referred to as the “registration of creation of a mortgage of each of the instant lands”) was completed on March 4, 2009 with the Cheongju District Court, the Cheongju District Court, the Cheongju District Court, received on March 4, 2009, with the maximum debt amount of KRW 468,000,000, the debtor C and the mortgage, which were the agricultural cooperative for the debtor C and the mortgagee of the instant lands, respectively.

B. On April 17, 2014, the Cheongju District Court rendered a decision to commence voluntary auction as D with respect to each of the instant land on April 17, 2014, according to the fact that C, a debtor of each of the instant collateral security claims, did not repay the aforementioned collateral obligations.

C. On December 17, 2015, the Defendant acquired the aforementioned secured debt from the Central Agricultural Cooperative, and completed the registration of ownership transfer by the receipt of the instant secured debt as Cheongju District Court No. 2715, Jan. 19, 2016 with respect to each of the instant secured debt, including Chungcheong Branch Branch Court, etc., and the Plaintiff completed the registration of ownership transfer as Cheongju District Court No. 5822, Feb. 5, 2016, following the donation of each of the instant land from B on January 26, 2016.

[Reasons for Recognition] Unsatisfy, Entry of Gap evidence 1 (including provisional number), the purport of whole pleadings

2. Determination as to the cause of action

A. In the event that the owner of each land of this case pays an amount equivalent to 65% of the appraised value of each land of this case to B and the Plaintiff, which was the creditor of each of the secured claims secured by the Plaintiff’s assertion, the Jungwon Agricultural Cooperative agreed to cancel all of the instant secured claims. This agreed to limit the secured claims of each of the instant secured claims to the amount equivalent to 65% of the appraised value of each of the instant land of this case.

However, it was impossible to know the appraised value of each land of this case, and eventually, the secured claim of each of the instant mortgages of this case is the secured claim.

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