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(영문) 울산지방법원 2014.12.17 2014가단14213
근저당권말소
Text

1. The defendant is the Ulsan District Court No. 44522, Aug. 7, 2001 regarding the real estate stated in the attached list to Nonparty B.

Reasons

1. Basic facts

A. On September 27, 2013, by filing a lawsuit against Nonparty B for a loan claim against the Ulsan District Court 2013Da12357, Ulsan District Court Decision C (hereinafter “Monthly Credit Union”) (hereinafter “instant judgment”), the judgment that “B shall pay 33,421,751 won and the interest rate of 21% per annum from January 16, 2004 to the date of full payment” (hereinafter “instant judgment”) was finalized on October 15, 2013.

B. On January 10, 2014, the monthly Credit Union transferred the claim pursuant to the instant judgment to the Dong friendly Asset Management Loan Co., Ltd. (hereinafter “Dong friendly Asset”), and on the same day transferred the claim pursuant to the instant judgment to the Plaintiff on the same day, the Dong friendly Asset re-transfers the claim pursuant to the instant judgment to the Plaintiff, and on February 3, 2014, the monthly Credit Union and the Dong friendly Asset notified B of the said assignment, respectively, of the said assignment, and the said notification reached B around that time.

C. On April 17, 2014, the Plaintiff filed an application with B for the grant of the succeeding execution clause based on the instant judgment, and a certified copy of the succeeding execution clause was served on B.

E. On August 7, 2001, B completed the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the real estate indicated in the attached list, which is one’s own ownership (hereinafter “instant real estate”), with the maximum debt amount of KRW 40 million, the debtor B, and D, on the ground of the right to collateral security contract on the same day.

F. B did not have any particular property other than the instant real estate, while debt based on the instant judgment that the Plaintiff acquired by transfer is currently insolvent at KRW 104,972,684 as of March 24, 2014.

G. B is the Defendant’s wife.

[Based on recognition] Gap evidence Nos. 2, 3, 4, and 5, response to this court's order to submit financial transactions to the Chairman of the Korea Federation of Banks, the result of fact inquiry to the North Korean head of Ulsan Metropolitan City, Ulsan Metropolitan City, the whole purport of the argument

2. The parties' assertion and judgment

A. Determination as to the defense prior to the merits

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