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(영문) 수원지방법원 2015.11.13 2015가합60408
근저당권말소
Text

1. The Plaintiff:

A. As to the real estate indicated in the annexed sheet, Defendant Malapan oil station shall be located during the sunrise.

Reasons

1. Facts of recognition;

가. 소외 에스케이네트웍스 주식회사는 별지 기재 부동산에 관하여 2008. 7. 7. 설정계약에 기하여 수원지방법원 동수원등기소 2008. 7. 31. 접수 제81860호로 채권최고액 100,000,000원, 채무자 B의 근저당권설정등기(이하 ‘이 사건 근저당권설정등기’라 한다)를 마쳤다.

B. On June 3, 2010, Defendant Mansan District Court (Seoul District Court Decision 55371, Jun. 4, 2010; hereinafter “Defendant corporation”) completed the registration of collateral security transfer as to the registration of the establishment of the instant neighboring area by transfer of credit on June 3, 2010, and completed the registration of change of the right to collateral security that changed the debtor to the Plaintiff on June 4, 2010 by the said registry office on June 3, 2010 upon the acquisition of the contract on June 3, 2010.

C. The Defendant Credit Guarantee Fund completed the registration of seizure of the collateral security interest claim (205,64,823) as the claim amounted to KRW 205,64,820 as of January 29, 2013 pursuant to the provisional attachment order of Suwon District Court 2013Kadan10203, Jan. 24, 2013, pursuant to the Suwon District Court 2013, the registration of provisional attachment of the collateral security interest claim of KRW 205,64,823 as of January 29, 2013, and 2) the Suwon District Court 2014, Oct. 27, 2014, transferred the provisional attachment of the collateral security interest claim of KRW 2014,2646 as of October 27, 2014, according to the seizure and collection order of the collateral security interest claim of the said registry office.

The Plaintiff repaid to the Defendant Co., Ltd. all obligations secured by the registration of the establishment of a neighboring mortgage of this case.

[Ground of recognition] Defendant Credit Guarantee Fund: The fact that there is no dispute over the Defendant Credit Guarantee Fund, each entry in Gap evidence Nos. 1 through 3 (including numbers), and the purport of the whole pleadings by service by public notice (Article 208(3)3 of the Civil Procedure Act);

2. According to the above facts of recognition, the defendant corporation is obligated to execute the registration procedure for cancellation of the registration of the establishment of the establishment of the instant neighboring mortgage, and the defendant Credit Guarantee Fund is above.

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