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(영문) 인천지방법원 2016.08.09 2015가단62493
근저당권설정등기말소
Text

1. The defendant shall have jurisdiction over the Chuncheon district court with respect to the portion of 16529/50 of the 54645 square meters out of the forest land in Gangseo-si 5465 square meters.

Reasons

1. Basic facts

A. B completed the registration of ownership transfer made on July 24, 1991 by receipt No. 16557 on July 24, 1991 with respect to the shares of 16529/545 shares (hereinafter “instant shares”) out of 5464m2 (hereinafter “instant forest”) in Gangseo-si C forest land in Gangseo-si (hereinafter “instant forest”).

B. On October 1, 1996, the Defendant entered into a mortgage agreement with B on the instant share, and on October 23, 1996, as to the instant share, the establishment registration of a collateral security agreement with the obligor, the Defendant, and the maximum debt amount of KRW 30,000,000 (hereinafter “the establishment registration of a collateral security agreement of this case”) was completed.

C. The Plaintiff filed a lawsuit against B against the Incheon District Court No. 2006Gapo389480, and the Incheon District Court rendered a decision on performance recommendation on October 12, 2006 that "B shall pay to the Plaintiff 21,419,523 won and 7,366,674 won with 17% interest per annum from April 1, 2005 to the date of full payment." The decision on performance recommendation was finalized on November 18, 2006.

The claims that have been recognized in the above decision of performance recommendation referred to as the "claims for acquisition of the case" are referred to as the "claims for acquisition;

(i) [Ground for recognition: Facts without dispute, entry of Gap evidence 1 through 3, obvious facts to this court, the purport of the whole pleadings;

2. Summary of the parties’ assertion

A. The plaintiff's summary of the plaintiff's assertion is a creditor who has the claim for the transfer money of this case against B.

Even if the establishment registration of the establishment of the neighboring mortgage of this case was made by means of a false conspiracy between the defendant and B, or was not so, the 19 years have passed since the establishment registration of the neighboring mortgage of this case was completed from the time of the filing of the lawsuit, and the extinctive prescription of the secured claim was completed.

However, B is the defendant.

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