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(영문) 전주지방법원 2020.05.19 2019가단11021
근저당권말소
Text

1. The Plaintiff:

A. Defendant C shall be charged with an all-round indictment of the Jeonju District Court on August 3, 2017 with respect to the real estate stated in the attached Form.

Reasons

1. Facts of recognition;

A. Defendant C applied for a payment order seeking a loan against the Plaintiff, B, and E as the Jeonju District Court 2013 tea7152. On December 3, 2013, the said court rendered a payment order stating that “The Plaintiff, B, and E jointly and severally pay 51 million won and 20% interest per annum to Defendant C from December 31, 2013 to the date of complete payment (hereinafter “instant payment order”). The instant payment order was finalized on December 25, 2013 and February 6, 2014.

B. Defendant C filed an application for compulsory auction of real estate with the Jeonju District Court F.

C. On August 3, 2017, Defendant C paid part of the debt under the instant payment order, and completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to the real estate listed on the Plaintiff’s attached Form (hereinafter “instant real estate”) as indicated on August 3, 2017, under the former District Court’s indictment No. 78231 on August 3, 2017, which was received on August 3, 2017, Defendant C as “the maximum claim amount of KRW 51 million, the Plaintiff, and Defendant C with the right to collateral security (hereinafter “instant collateral security”).

From April 21, 2014 to November 27, 2018, Defendant C paid KRW 51 million for the principal of the obligation under the instant payment order and KRW 1690,000 for auction expenses, and paid KRW 50,000,000 for damages for delay following the instant payment order. On December 26, 2018, Defendant C appears to be a clerical error in the judgment of Jeonju District Court 2013 tea1752, which appears to be “2013 tea7152” to the Plaintiff on December 26, 2018.

I confirm that the above obligation has been terminated because they received all the claims against the gold 51 million won as indicated in the original copy of the loan payment order.

The certificate of completion of debt stated as " was prepared and issued."

E. Meanwhile, Defendant D’s attachment on the instant collateral security claim on December 18, 2018 based on the executory exemplification of the judgment rendered by Seoul Southern District Court 2016Kadan12520 against Defendant C based on the executory exemplification of the instant judgment.

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