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(영문) 청주지방법원충주지원 2016.01.07 2015가단6039
근저당권말소
Text

1. The Plaintiff:

A. Defendant B and C shall have a voice registry office of the Cheongju District Court as to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On February 5, 2007, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On October 16, 2008, the Plaintiff created to E and F the same priority collective security right to secure each of the instant real estate claims of KRW 200 million (total amount of KRW 400 million) on each of the instant real estate.

(hereinafter) In this regard, E’s instant first collateral security and F’s second collateral security are “the instant second collateral security,” and each of the said second collateral security collectively “each of the instant two collateral security”).

On March 22, 2011, G Co., Ltd. completed the supplementary registration of the right to collateral security on the ground of the transfer of confirmed claim on March 18, 201.

Defendant B received the additional registration of the transfer of the right to collateral security on July 29, 2013 with respect to the instant 1-mortgage, while Defendant C received the additional registration from G on July 29, 2013 with respect to the instant 2-mortgage.

E. Defendant D filed a lawsuit against Defendant B and C seeking revocation of a fraudulent act by asserting that the transfer of each of the instant real estate to Defendant B and C by Defendant B and C, which was subject to a provisional disposition order against prohibition of disposal of each of the instant collateral security rights (Cheongju District Court Chungcheong District Court Decision 2014Kadan1221).

(Seoul Northern District Court 2013Kadan47436). [Reasons for Recognition] The fact that there is no dispute, Gap evidence 1, 2, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The parties' assertion

A. In Suwon District Court case 2013Gahap20529, the Plaintiff expressed the Plaintiff’s intent to offset the Plaintiff’s damage claim against G Co., Ltd. and the investment deposit claim against G Co., Ltd., and thus, the secured claim of each of the instant mortgages was extinguished.

Therefore, Defendant B and C shall register cancellation of each of the instant mortgages.

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