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(영문) 대전지방법원공주지원 2016.09.29 2016가단20816
근저당권부기등기말소등기청구
Text

1. As to the Plaintiff’s 817 square meters prior to C in official city:

A. Defendant Agricultural Cooperatives distributed the following: Daejeon District Court’s official residence support.

Reasons

1. Facts of recognition;

A. D On October 23, 2003, in order to secure the obligation for loans to Defendant Agricultural Cooperatives Distribution (hereinafter “Defendant Agricultural Cooperatives Distribution”), the real estate above C, 837 square meters prior to the subdivision owned by Defendant Agricultural Cooperatives was divided into each real estate listed in paragraphs 1 and 2 of the attached Table No. 1 and 2 on September 21, 2005 with respect to the real estate above 837 square meters prior to the subdivision owned by Defendant Agricultural Cooperatives.

Attached Form

The real estate stated in paragraphs 1 and 2 of the list of real estate is 1 and 2 of this case.

In addition, each of the real estate listed in paragraphs 3 and 4 of the list of real estate is "3 and 4 of this case".

The registration of creation of a mortgage in the vicinity of the maximum debt amount of KRW 350,000,000,000 to the Daejeon District Court No. 31107 of receipt of machinery, such as public housing support, is called the joint mortgage of this case.

The court completed the proceedings.

B. On June 28, 2005, D created a joint collateral of KRW 200 million with respect to the instant 3 and 4 immovable property, and on March 6, 2006, D created a right to collateral security of KRW 16 million with respect to the F.

And on March 6, 2006, D created a joint collateral security of KRW 150 million against Defendant B regarding the instant real estate 1, 3, and 4, the maximum debt amount.

C. D on September 27, 2005, sold the instant 2 real estate to F, and on May 19, 2008, donated the instant 1 real estate to Defendant B.

On the other hand, on December 5, 2007, the Plaintiff applied for voluntary auction after receiving the right to collateral security from E on June 28, 2005 with respect to the instant 3 and 4 real estate, and filed an application for voluntary auction for the instant 3 and 4 real estate from Daejeon District Court G on March 5, 2008.

E. On March 27, 2009, Defendant Agricultural Cooperatives filed a voluntary auction while the above auction procedure was in progress, and the auction procedure was initiated as to the entire real estate of this case to H on March 27, 2009, and the said Daejeon District Court’s G voluntary auction case was joined.

F. On March 2010, the instant 3 and 4 real estate was permitted to sell the real estate to I, the highest price purchaser, first of all in the above auction procedure.

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