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(영문) 의정부지방법원 2017.10.20 2016가단126791
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Plaintiff’s claim 1) The Korea Deposit Insurance Corporation in bankruptcy of the KFF Cooperatives filed a lawsuit against Nonparty B as the District Court 2003da46611, the Korea Deposit Insurance Corporation in bankruptcy against Nonparty B, and the above lawsuit was concluded that “B shall pay the above trustee in bankruptcy the principal amount of KRW 22,930,210 (the principal amount of KRW 20,189,363 and the damages for delay) to the above trustee in bankruptcy until December 31, 2004, and shall pay damages for delay calculated at the rate of 20% per annum if delay is delayed. 2) The bankrupt trustee in bankruptcy of the KFFF Cooperatives in bankruptcy filed a lawsuit against Nonparty B with the Government District Court 2003Gahap4607, and “B shall pay the above trustee in bankruptcy 87,730,000 won to the above Korea Deposit Insurance Corporation,” and the above judgment became final and conclusive around that time.

3) On December 1, 2008, the Plaintiff acquired each of the claims arising from the above conciliation on December 1, 2008 from the Korea Deposit Insurance Corporation in bankruptcy, and on August 24, 2009, claims based on the above judgment. (b) The Defendant completed the registration of establishment of a mortgage on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by C on September 5, 2001, with respect to the mortgagee, the maximum debt amount, the maximum debt amount, the amount of KRW 200,000,000, and each of the neighboring real estate registered by C to the debtor as the debtor C (hereinafter “registration of establishment of each of the instant neighboring real estate”).

2) On July 27, 2003, C died after having left D, E, B, and F as inheritor, D, E, and F renounced inheritance, and D, E, and F were solely inherited by inheritance, and confirmed upon having obtained an inheritance limited acceptance judgment under the Seoul District Court’s 2003-Ma1033 with the Government Branch of Seoul District Court. (c) as of the closing date of pleadings of the instant case where B’s insolvent, B had no particular property other than each of the instant real estate, while B bears a large number of obligations against the Plaintiff in addition to the instant real estate, and is insolvent. [In the absence of any dispute over the grounds for recognition, A, 2, 3, 6, 7, 8, 12, and 12].

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