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(영문) 울산지방법원 2015.07.14 2014가단63611
근저당권말소
Text

1. The defendant completed on May 22, 2002 with the Ulsan District Court No. 57542 regarding the real estate stated in the separate sheet to B.

Reasons

1. Basic facts

A. On April 13, 2005, the Bankruptcy Trustee of the Bankrupt Future Credit Depository Co., Ltd. filed a lawsuit against B against the Busan District Court (2004da71092). On April 13, 2005, the above court rendered a judgment with respect to the amount of KRW 127,477,461 and the amount of KRW 47,775,865 calculated by the rate of 20% per annum from June 8, 2004 to the date of full payment, and this judgment became final and conclusive thereafter.

B. On November 16, 2005, the Plaintiff acquired the claim for judgment against B.

C. As to the real estate indicated in the Attachment No. B (hereinafter “instant real estate”), the registration of creation of a mortgage in the Defendant’s name was completed on May 21, 2002, as the Ulsan District Court No. 57542, May 22, 2002, the maximum debt amount of KRW 17,175,342, and May 21, 2002 (hereinafter “instant registration”).

On the other hand, on July 18, 1998, the registration of provisional seizure was completed for the creditor C, claim amount 17,175,342 on the real estate of this case, and on May 25, 2002, the registration was cancelled on the ground of cancellation on May 21, 2002.

The defendant is a child of B.

B is currently in excess of obligations.

[Ground of recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2-6, Eul evidence 2-2, the court's order to submit taxation information to the Ulsan-gun Office, the whole purport of the pleadings

2. Assertion and determination

A. The plaintiff asserts that the registration of the instant right to collateral security has been completed without any cause, and the defendant asserts that the instant right to collateral security has a ground for the registration of the instant right to collateral security, since both of the claims for provisional seizure are subrogated to C and the instant right to collateral the amount of indemnity against B.

In light of the fact that the provisional attachment C of the same amount was cancelled on May 21, 2002 and the mortgage contract of this case was concluded with respect to the real estate of this case recognized prior to Eul evidence Nos. 1 and 3, the NHF Co., Ltd., foreign exchange bank, and the foreign exchange bank.

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