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(영문) 울산지방법원 2018.01.09 2017가단3771
근저당권설정말소등기
Text

1. The defendant shall receive on January 11, 2005 from the Ulsan District Court with respect to the real estate stated in the attached list in the Dong type Unemployment Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff has a claim for management expenses equivalent to “36,092,250 won and damages for delay,” based on the final and conclusive judgment in favor of the Ulsan District Court 2014Kadan10211, and the total amount of the above claims including damages for delay as of August 22, 2017, including damages for delay, is equivalent to KRW 60,479,249.

B. B. Conveni Co., Ltd. (hereinafter “instant real estate”) shall make the registration of the instant collateral security (hereinafter “registration of the instant collateral security”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

(C) A. D. H. H. H. H. H. H. H. was changed to LBA and EM respectively, and the trustee in bankruptcy was appointed on September 7, 2016 by the Seoul Central District Court after having been declared bankrupt on September 7, 2016. D. The Dong type vocational company has no particular property other than the instant real estate in an amount equivalent to KRW 100 million at the market price as of the date of the closing of argument in this case, and it is currently insolvent in excess of the active property, such as failure to pay national taxes and local taxes in addition to the above management expenses owed to the Plaintiff. [Grounds for recognition] The fact that there is no dispute, Gap 1-6 evidence (including each number), each inquiry of the head of the Gu in Ulsan Metropolitan City, Ulsan Metropolitan City, the head of the office of the tax office in Busan Metropolitan City, and the purport of this Court as a result of the market price appraisal of the appraiser C and the purport of the entire pleadings.

2. According to the facts of the judgment on the cause of the claim, the registration of the instant collateral security has expired ten years after the date of establishment, so the plaintiff can seek cancellation of the registration of the instant collateral security by subrogation of the company which is insolvent as a creditor of the same company. Thus, the defendant shall, upon the plaintiff's request, register of the instant collateral security.

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