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(영문) 서울동부지방법원 2019.01.11 2017가단135724
근저당권말소
Text

1. Nonparty H Co., Ltd. (formerly: I Co., Ltd.); Defendant B, among each real estate listed in the separate sheet; and Defendant B, on 1,331.

Reasons

1. The following facts are deemed to have been led to the confession between the Plaintiff, Defendant D, F, and G. The Plaintiff and the remaining Defendants are either not disputed, or are recognized by taking account of the overall purport of the statements and arguments as set forth in the evidence Nos. 1-2 and 2-2.

A. Nonparty H Co., Ltd (formerly: I Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”) completed the registration of creation of a collateral (hereinafter “instant collateral security”) against Defendant B on the real estate listed in the separate sheet (hereinafter “instant real estate”) by Nonparty M as the debtor on November 19, 198, received on November 19, 1998 from 49828, with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On March 25, 1999, Defendant C, D, E, F, G, and Non-Party N transferred some of the finalized claims regarding the instant right to collateral security, and completed each of them, and the Defendant (Appointed Party) and the designated parties succeeded to N on July 7, 2015.

Accordingly, with respect to Defendant B’s share of 1,331,706,60,600/16,200,000 of the instant real property; with respect to Defendant C’s share of 900,720,720,000/16,200,000 of the instant real property; Defendant D’s share of 1,265,051,070/16,200,200,00 shares of 1,685,472,30/16,200,00 shares of 1,677,591,60/16,200,000 of the instant real property; Defendant C’s share of 737,464,50/16,000,000 of the instant real property; Defendant D’s share of 1,685/16,006,306/16,006, 2000 of the instant shares;

C. On August 5, 2016, Defendant F’s Republic of Korea seized the claim on the right to collateral security regarding Defendant F’s share of KRW 1,677,591,00/16,200,000 of the instant real estate, and completed the attachment registration thereof (hereinafter “instant attachment registration”).

On the other hand, the plaintiff filed a lawsuit against the non-party company as Seoul Central District Court 2013Kadan5107969, and filed a lawsuit for the claim for the amount of takeover from the above court on November 13, 2013, 188,854.

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