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(영문) 수원지방법원 2016.08.24 2016가단5913
근저당권설정등기말소
Text

1. The defendant on June 7, 1993 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Evidence (A through A5);

2. Indication of claim; and

A. The plaintiff was the representative director of the current LAB.

On June 5, 1993, the plaintiff entered into a mortgage contract in the separate sheet (hereinafter referred to as "the real estate of this case") with the administrator of the bankruptcy dispute resolution committee, the defendant, and the defendant, with respect to the real estate in the separate sheet (hereinafter referred to as "the real estate of this case"), with the maximum debt amount of 80,000,000 won, the administrator of the bankruptcy resolution committee, the administrator of the mortgage-backed investment resolution company, the administrator of the bankruptcy resolution committee, the defendant, the defendant, and the career-cuber partnership, and completed the registration of the establishment of the mortgage in the name of the administrator of the Suwon District Court, the registration office of Dongwon District, No. 40461, Jun. 7, 1993, the registration of the establishment of the mortgage in the name of

B. On October 23, 2002, the shares of the company in the plan for the settlement of accounts in the plan for the settlement of accounts was transferred to the company merger, and the shares of the company in the plan for the settlement of accounts in the plan for the settlement of accounts was transferred to the company in the plan for the settlement of accounts on October 23, 2002.

C. On July 18, 2003, when the LIM entered into an agreement with the defendant on the division of the right shares with respect to the co-mortgaged article, the defendant's share of the right to the security of the transaction line with the defendant's bonds as of May 31, 2003 agreed to transfer all of the defendant's share of the security to the KIMD.

On October 30, 2015, the Plaintiff resigned from the representative director, and around November 30, 2015, did not have any debt to the Defendant-mortgageB.

E. According to the agreement on the split-off of the share of rights between the L/C and the Defendant, the Defendant’s collateral ratio for the instant real estate is zero percent.

Therefore, the Defendant is obligated to implement the procedure for registration of cancellation on November 30, 2015 with respect to the registration of the establishment of a neighboring mortgage completed by the Suwon District Court/Dong District Court No. 40461, Jun. 7, 1993 with respect to the instant real estate to the Plaintiff on the ground of the extinguishment of the secured debt.

3. Judgment by public notice (Articles 208 (3) 3, and 194 through 196 of the Civil Procedure Act).

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