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(영문) 서울북부지방법원 2020.06.18 2019가합24265
근저당권말소 승낙
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 28, 201, the Plaintiff concluded a contract to establish a right to collateral security (hereinafter “instant right to collateral security”) with D with respect to the instant real estate as the owner of the real estate indicated in the attached list (hereinafter “instant real estate”), and with D, with D, who was sentenced to imprisonment with the lower court on June 28, 2011.

On the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage-holder D and the maximum debt amount of KRW 40 million, and the debtor as the Plaintiff on the same day, No. 12985 with respect to the instant real estate.

B. On October 29, 2018, Defendant B received a claim attachment and collection order with respect to the secured claim of the instant right to collateral security from Daejeon District Court, Daejeon District Court, 2018TY 106937, and completed the registration of seizure of the instant right to collateral security on November 12, 2018. The Defendant C limited company completed the registration of seizure of the instant right to collateral security on January 9, 2019 at the same court as the same court No. 2019, 100106 and February 28, 2019 at the same court as the same court No. 2019, 201495 with respect to the instant secured claim of the instant right to collateral security, and completed the registration of seizure of each right to collateral security on January 25, 2019 and March 6, 2019.

C. On May 15, 2019, the Plaintiff filed a lawsuit seeking the implementation of the procedure for registration of cancellation of the establishment of a mortgage in the vicinity of the Daejeon District Court, as the Daejeon District Court Branch 2018Gadan114750, claiming that the instant collateral security was established against D based on a false debt. The judgment rendered in favor of the Plaintiff was finalized.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, and 6's statements and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, from March 201 to July 201, 201, was responsible for the Plaintiff’s debt amounting to KRW 100 million while operating a health club, and the Plaintiff’s creditors are likely to provisionally seize the instant real estate.

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