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(영문) 수원지방법원안양지원 2015.03.25 2014가단18610
근저당권설정등기말소등기
Text

1. The Defendant is the Gwangju District Court with respect to the Plaintiff with respect to 18,145 square meters of forest C and D forest and 11,405 square meters of forest land in Jeonnam-gun, Jeonnam-gun.

Reasons

1. Basic facts

A. On October 11, 1999, the Defendant: (a) lent KRW 20,00,000 to E in one year after the due date for payment; and (b) subsequently, on October 23, 1999, registered the creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the land of 18,145 square meters and D forest land 11,405 square meters (hereinafter “instant real estate”) for the purpose of securing the repayment of the said loan; (c) on October 11, 1999, the maximum debt amount is KRW 23,00,000,000; and (d) the debtor and the mortgagee registered the creation of the right to collateral security (hereinafter “mortgage”).

B. On April 7, 2011, the registration of the instant real estate was completed on the grounds of the bankruptcy declaration rendered by Seoul Central District Court Decision 2008Hadan36218, Sept. 21, 2009, and the registration of the transfer of ownership was revoked on or around March 15, 2012 on the grounds of the sale.

C. E prepared a list of creditors in bankruptcy proceedings No. 2008Hadan36218, Seoul Central District Court stated that the creditor with respect to the secured obligation of the instant right to collateral security is the Defendant, the licensee, and the remaining principal as KRW 27,600,000.

On June 3, 2014, the Defendant rendered a voluntary decision to commence the auction of the instant real estate to the Gwangju District Court Maritime Court SupportF.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2 and the purport of the whole pleadings

2. As seen earlier, in full view of the fact that, in the creditors list prepared by the Seoul Central District Court Decision 2008Hadan36218, E stated that the secured debt of the instant right to collateral security is a business operation fund, and as recognized by the statement in the evidence No. 2, E received money from the Defendant to secure the establishment registration of the instant neighboring mortgage in order to secure the payment of the first resort revenue fund while running the call import business, as seen earlier, the secured debt of the instant right to collateral security in the instant case has been secured due to commercial activities.

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