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(영문) 수원지방법원안산지원 2014.06.10 2012가단41342
근저당권말소
Text

1. The defendant shall pay to the plaintiff 1/3 share of 1,700 square meters in the Dong-gu, Ansan-si and 493 square meters in each of the D previous 493 square meters.

Reasons

1. Facts of recognition;

A. On March 2005, E entered into a contract with F to exchange each of the 1,700 square meters and 1/3 equity shares of the members of the Dong-gu Seoul Metropolitan Government, Ansan-si, Seoul with F, and 493 square meters prior to D (hereinafter “each of the instant real estates”). At the time of the conclusion of the exchange contract, as of April 29, 2002, the debtor F, mortgagee H, H, 150,000,000 neighboring mortgage registration (hereinafter “instant mortgage registration”), the collateral security was completed with F, the debtor, mortgagee, H, H, 150,00,000, and the collateral security was the “mortgage-mortgage-mortgage-mortgage” (hereinafter “instant collateral security”).

B. Since then, the Plaintiff, E, filed a lawsuit against F, seeking the implementation of the procedures for the registration of ownership transfer with respect to each of the instant real estate by the Suwon District Court Branch Branch Decision 2007Kadan5085, and won a favorable judgment in the above court on April 23, 2008. As to each of the instant real estate, the registration of ownership transfer in the Plaintiff’s name was completed on November 24, 2010 as the receipt No. 101420 on November 24, 2010.

C. The Defendant completed the supplementary registration of the transfer of the right to collateral security in the name of the Defendant on October 10, 2008, No. 112074, Dec. 15, 2006, regarding the instant right to collateral security.

On December 6, 2010, the Defendant filed an application for voluntary auction with respect to each of the instant real estate, and started the voluntary auction procedure with the Suwon District Court Branch I. On March 8, 2011, the Defendant submitted a claim statement with the effect that “F would face value of promissory notes issued on April 29, 2002 KRW 150,000,000” to the above auction court on March 8, 2011, and the secured claim would be deemed to have been extinguished from the court. However, upon receiving an order to submit a document proving the validity of the claim, the Defendant submitted a written confirmation of the collateral security obligation and a written confirmation on May 23, 2012, and submitted a written confirmation of the right to collateral security on May 30, 2012.

On June 18, 2012, the above court held each of the real estate in this case upon the extinction of the secured debt by the defendant.

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