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(영문) 부산지방법원 2017.05.30 2016가단17916
근저당권말소
Text

1. D:

A. As to the real estate listed in paragraph 1 of the attached list A, the defendant A shall be the Gwangju District Court's Macheon Branch.

Reasons

Description of Claim

The establishment registration was completed on June 14, 1993 due to the establishment registration of a mortgage on the real estate listed in paragraph (1) of the attached list No. 1 of the attached Table No. 4 (hereinafter “the real estate No. 1 of this case”), which was concluded on June 17, 1993 by the Mineyang Registry of the Gwangju District Court, as the maximum debt amount of KRW 100,000,000,000, the debtor D, the mortgagee D, the mortgagee E, and the grounds for registration.

(2) On August 6, 1996, the registration of the establishment of a mortgage was completed on June 17, 1993 under the name of the defendant A on the ground of the transfer of the contract on August 5, 1996.

The establishment registration was completed on April 6, 1998, with regard to the real estate listed in Paragraph 2 of the Attached List No. 2 (hereinafter referred to as the “real estate No. 2”), which was received on April 7, 1998 from the Changwon District Court, by the Changwon District Court’s Do Office of Registry No. 2842, the maximum debt amount of KRW 15,00,000, the debtor D, the mortgagee C, the mortgagee C, the ground for registration, and the ground for registration.

(hereinafter “the establishment registration of a neighboring mortgage on April 7, 1998” was completed with respect to the instant immovable property No. 1468 as of January 23, 1999, the amount of maximum debt was KRW 50,000,000, the debtor D, the mortgagee D, the mortgagee B, the grounds for registration, and the establishment registration of a neighboring mortgage on January 222, 1999.

(2) On October 21, 2010, the Plaintiff filed a lawsuit against D with the Seoul Central District Court No. 2010da786261, Oct. 21, 2010 against the Plaintiff for the payment of indemnity amounting to KRW 11,310,100 among the KRW 11,00,000 and delay damages amounting to KRW 11,000 among the KRW 11,310,000. The said judgment became final and conclusive on November 10, 2010.

D owned 1/2 of the instant co-ownership of 1,500 square meters of forest land and 1,500 square meters in Seopo-si, Seopo-si, Incheon, and 105 square meters of G 1, Nam-gu, Incheon (18.15 square meters of sales facilities for steel reinforced concrete manufacturing). However, the aggregate of the individual land price and the standard market price of each of the said real estate to the Plaintiff of D.

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