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(영문) 대전지방법원서산지원 2019.10.01 2019가단168
근저당권말소
Text

1. The defendant shall receive on December 6, 2006 from D, Jin-si, Daejeon District Court, Jin-si, the competent registry office of the Daejeon District Court.

Reasons

1. The facts under the basis of facts may be found either in dispute between the parties or in full view of the overall purport of the pleadings in Gap evidence Nos. 1 to 7 and Eul evidence Nos. 2 (including a serial number; hereinafter the same shall apply).

The Plaintiff provided real property as collateral by G Co., Ltd., which the Defendant’s Dong G Co., Ltd. operated by the Defendant’s Dong G Co., Ltd., as a collateral, and the F promised to terminate the right to collateral security, which was provided as a water guarantee, until July 30, 2008.

B. However, F did not perform the said pledge of termination of the right to collateral security, and upon the Plaintiff’s request, the real estate indicated in paragraph (1) of the Disposition D owned by F and F (hereinafter “the instant real estate”) and the general wood structure of J 216С and the general wood structure on the land, and the other 84.37 square meters on the one hand on the one hand on the other, were set up as joint collateral by the maximum debt amount of KRW 180,000,000, the debtor F and the creditor’s right to collateral security by the Daejeon District Court on September 3, 2008.

C. Meanwhile, prior to the establishment of the above right to collateral security under the Plaintiff’s name, the Daejeon District Court, Jin-si registry office of Daejeon District Court, No. 3814 on December 6, 2006, the maximum debt amount of KRW 40,000,000, and the debtor, the owner of the right, and the Defendant, the right holder, established the right to collateral security (hereinafter “the instant right to collateral security”). As for the general wooden structure and the 84.37 square meters on the above JJ large 216 square meters and the 84.37 square meters on the ground of the single house on May 2, 2007, the right to claim a provisional registration of transfer of ownership (hereinafter “the instant provisional registration”) was completed on May 16, 2007 by the receipt of No. 19246 on May 16, 2007.

On March 27, 2018, the Plaintiff filed a lawsuit seeking cancellation of the provisional registration against K, who is the person having the right to the provisional registration of this case, with the court below 2017da4173, and was sentenced to a favorable judgment on March 27, 2018. The said favorable judgment is the same as on April 21, 2018.

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