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(영문) 서울중앙지방법원 2015.05.01 2014가합23527
근저당권말소
Text

1. As to the real estate listed in the separate sheet to the Plaintiff:

A. Defendant B is the Eastern District Court of Seoul Northern District.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”), and Nonparty E is the former husband of the Plaintiff who was divorced on or around May 2014, who had been married to the Plaintiff.

B. Defendant B lent each loan of KRW 20 million to E, KRW 30 million on March 4, 2011, and KRW 150 million on March 15, 2011. As security for each loan of this case, as Seoul Northern District Court Decision 1058, Mar. 4, 2011, the registration of creation of a mortgage with the debtor E, the maximum debt amount of KRW 260 million, and KRW 11926, Mar. 14, 201, which was received on March 14, 201, and the registration of establishment of a mortgage with the mortgagee B, and the registration of establishment of a mortgage with the defendant as the mortgagee B (hereinafter each of the “registration of establishment of a mortgage of this case”) was completed on behalf of the judicial scrivener, respectively, and the defendant D, a certified judicial scrivener, applied for the registration of establishment of a mortgage of this case.

C. Around August 201, Defendant C lent KRW 100 million to E for business purposes. As security for the foregoing loan claims, the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a third neighboring mortgage”) with the obligor E, the maximum debt amount of KRW 100 million, the Defendant C as the Defendant C, was completed on August 11, 201, under the Act No. 39958, which was received on August 11, 2011.

Defendant B filed an application for voluntary auction of real estate with the Seoul Central District CourtF on July 25, 2013 and rendered a decision to commence the auction on July 26, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 7, 11, 12 (including branch numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The registration of the establishment of each of the instant roots to Defendant B and C as to the gist of the Plaintiff’s assertion, taking advantage of the fact that E stays for a long time in the United States, the Plaintiff’s seal impression is affixed.

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