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(영문) 서울북부지방법원 2016.06.29 2015가단122706
근저당권말소
Text

1. The defendant shall receive on March 10, 199 from the Gwangju District Court Youngdong Registry as to each real estate listed in the separate sheet to B.

Reasons

Facts of recognition

The Defendant, with the trade name of “C”, supplied B with fishery products equivalent to KRW 194,470,232 from July 24, 1995 to March 30, 199.

On March 9, 199, E entered into a mortgage agreement with the defendant as to each real estate listed in the separate list (hereinafter referred to as the “real estate of this case”) in order to secure the goods payment obligation under the above paragraph (a) on March 9, 199, and on March 10, 1999, on March 10, 1999, the establishment registration of the mortgage was completed by the debtor E, the mortgagee, and the maximum debt amount of KRW 100 million to the defendant.

(C) On May 6, 2008, the court issued a payment order to B, “B shall pay the amount calculated at the rate of 20% per annum from the day following the delivery of the original copy of the instant payment order to C,” and the above payment order was finalized on May 29, 2008.

On the other hand, on October 31, 2007, the plaintiff filed a lawsuit against B against Busan District Court 2007Kadan110745 claim, and sentenced that "B shall pay to the plaintiff 26,460,915 won and interest calculated at the rate of 14% per annum from December 14, 1996 to January 12, 1997 and 18% per annum from the next day to the date of full payment." The above judgment became final and conclusive on November 21, 2007.

As E died on December 4, 2001, B and F inherited the instant real estate. Upon the Plaintiff’s subrogation application, B and F transferred ownership registration for the instant real estate on January 2, 2015.

B does not own any other property except 1/2 of the instant real estate, and the amount equivalent to the market price of 1/2 of the instant real estate is KRW 13,442,440.

【Non-contentious facts, Gap evidence Nos. 1, 3 and 4.

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