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(영문) 대전지방법원 천안지원 2018.05.09 2017가단105926
근저당권말소
Text

1. Defendant A shall be in accordance with C’s share of 13/504 of each of the real estate listed in paragraphs 1 through 6 of the attached list.

Reasons

1. Basic facts

A. The Plaintiff’s claim against Samsung Card acquired, respectively, the credit card claims against Samsung Card’s principal amounting to KRW 12,221,714 and interest amounting to KRW 54,851,930 and interest amounting to KRW 19,877,302 and interest amounting to KRW 70,717,263, and interest amounting to KRW 19,87,300 and KRW 70,717,263.

B. On February 23, 2004, C concluded a mortgage agreement with Defendant A, the maximum debt amount of KRW 50 million, and the debtor as to the share of KRW 13/504 of each of the real estates listed in the separate sheet No. 1 through 6 of the separate sheet No. 1 of the separate sheet. On February 26, 2004, C concluded a mortgage agreement with Defendant A with the debtor as to the share of KRW 13/50 of each of the real estates listed in the separate sheet No. 1 to 3 of the separate sheet No. 1 of the separate sheet. On February 26, 2004, C completed the registration of the establishment of a mortgage on February 26, 2004 as to the share of KRW 13/504 of each of the real estates listed in the separate sheet No. 1 to 1906, Feb. 24, 2006; and on March 20, 2006, the mortgage agreement was completed by Defendant No. 2601 (hereinafter referred to “instant”).

C. (1) Of the real estate listed in the separate sheet as of C’s insolvent, etc., part of C’s equity shares was transferred to a third party; however, the Plaintiff received a provisional attachment order issued on August 4, 2009 with respect to the claim amount of KRW 91,917,855 for each of the real estate listed in the separate sheet as of August 4, 2009, with respect to KRW 13/50 of the claim amount of KRW 91,917,855, and completed the entry registration

【Ground for Recognition: Facts without dispute, Gap 1 and 2 evidence (including virtual numbers), Gwangjin-gu Seoul Special Metropolitan City Office and Sungdong Tax Office's response to each taxation information submission order, the whole purport of the pleadings

2. Since the secured claim of the right to collateral security under the name of the defendant A was repaid or ten years have elapsed since the judgment on the claim against the defendant A was made, the defendant A registered the establishment of the right to collateral security.

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