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(영문) 청주지방법원 2015.02.06 2014가단159841
근저당권설정등기말소 청구의 소
Text

1. The defendant shall accept the registration of Cheongju District Court and June 23, 2005 with respect to each real estate listed in the separate sheet to B.

Reasons

1. Facts of recognition;

A. On October 15, 2003, the Plaintiff entered into a contract with (G) A, the representative of B, with the cost of civil engineering works for religious facilities D located in Chungcheongnam-gun, Chungcheongnam-do, for KRW 195,000,000.

After that, on December 20, 2003, the Plaintiff and (G)C entered into a modified contract with the content that the construction cost shall be increased to KRW 287,000,000.

B. Each real estate listed in the separate sheet was registered as follows:

1) On June 8, 2005, the Defendant B-mortgaged on June 23, 2005, who was the debtor B-mortgaged on June 21, 2005, the maximum debt amount of KRW 100,000,000 as the ground for registration of the establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage of this case”).

C. B, on December 3, 2013, on the grounds of the construction cost stated in the foregoing paragraph (a), on January 30, 2014, the Plaintiff prepared and issued a payment note to pay KRW 160,000,000 to the Plaintiff, in total, KRW 160,000,000,000,000, not later than February 15, 2014.

On September 18, 2014, the Daejeon District Court rendered a judgment that “B shall pay to the Plaintiff 160,000,000 won and interest thereon at the rate of 20% per annum from June 12, 2014 to the date of full payment” ( Daejeon District Court 2014Gahap226).

E. Meanwhile, B is insolvent as of the date of the closing of the instant argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The purport of the Plaintiff’s assertion is that the registration of the establishment of a mortgage of each of the instant neighboring areas is completed in collusion with the Defendant to evade compulsory execution by the Plaintiff, who is the creditor of the instant case, without any secured claim, and the establishment of a mortgage of the instant neighboring areas is invalid as a false ground. Therefore, the Plaintiff, the creditor of B, by subrogation, seeks the Defendant to cancel the registration of the establishment

B. Summary of the Defendant’s assertion 1) The instant lawsuit is brought against the Defendant’s assertion.

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