Claim for Cancellation of Mortgage

Recognizing the existence of a claim on collateral security of this case

Article 214 of the Civil Act

Suwon District Court and Yangyang Branch 2016-Ga-32168 ( October 2, 2016)

The principal and interest of provisional registration claims are KRW 384,564,269 in total as of April 11, 2016.

However, in the auction procedure of this case, the court shall make the principal of the secured obligation based on provisional registration of the plaintiff 3,270

The Defendants are limited to only Won and its interest, and except this, with respect to other claims

Considering that the Plaintiff was superior to the Plaintiff, the dividends were distributed as shown in the instant distribution schedule. However, the Plaintiff

In respect of the total amount of the secured claim as claimed earlier by provisional registration, priority shall be given to the Defendants.

Since the defendants have the right to repay, all of the dividend amount to the defendants shall be zero won, and the dividend amount to the plaintiff shall be zero won.

154,925,492 won shall be corrected.

3. Determination as to the claim against Defendant Seoul Guarantee Insurance Co., Ltd. and Red Streets

(a) Judgment made based on the conclusion of confession;

Article 208(3)2 of the Civil Procedure Act (Defendant Seoul Guarantee Insurance Co., Ltd. is served with a complaint.

dismissal of the Plaintiff’s claim without stating at all the substantial grounds for the challenge of the Plaintiff’s claim.

§ 150 of the Civil Procedure Act, because only a formal reply was submitted and did not appear on the date for pleading.

The facts alleged by the Plaintiff pursuant to paragraph (3) of this Article shall be deemed to have been led to the confession of the facts alleged by the Plaintiff.

In spite of being served with a duplicate of the complaint, there was a absence on the date of pleading.

B. Sub-determination

Therefore, among the instant distribution schedule, the amount of dividends 1,281,774 won against Defendant Seoul Guarantee Insurance Co., Ltd.

There is no evidence to see that it was included in the secured claim of provisional registration; rather,

AAA to the effect that the provisional registration of this case is a false provisional registration with no secured obligation

In light of the fact that a lawsuit of demurrer against Gohap was filed separately and the lawsuit is pending;

In view of the Plaintiff’s assertion, even if the Plaintiff claimed, the amount of KRW 20 million on October 21, 1994 to AA, and July 1995.

21. Each loan of KRW 15 million has been made, and in addition, claims based on the decision of recommending reconciliation of KRW 81.3 million have been made.

Even if there is a existence of each of the above claims of the Plaintiff, as asserted by the Plaintiff.

- - Other

It is difficult to regard a provisional registration as a collateral obligation, and there is no other evidence to recognize it.

Therefore, the plaintiff's assertion is without merit to further examine.

5. Conclusion

Then, the plaintiff's respective claims against the defendant Seoul Guarantee Insurance Co., Ltd. and the defendant Red Street are justified.

As such, each claim against the remaining Defendants is justified and thus dismissed.

We decide to do so as per Disposition.

heading

Korea

The amount of dividends for red paths 3,402,664 won each 00 won, and the amount of dividends to the plaintiff 42,028,090

Won = 40,548,00 won dividended to 4th priority order + 1,480,090 won dividended to 8th priority order.

) The correction is 46,712,528 won (=45,232,4381 of dividend ranking 45,232,4381) +8 ranking 1,480,090).

(2) and (3).

- - Other

4. Determination on the claim against the defendant Lee Jong-sung, the Republic of Korea, the National Health Insurance Corporation, and the Kim Jong-sung

The whole purport of the pleading is as follows: evidence mentioned above, evidence mentioned above, evidence set forth in Gap 3, 4, and 11

In addition, the plaintiff filed against AA, with BB who was a person with the provisional registration of this case, 32.7 million won.

payment claim on the ground that the payment was made by subrogation and by subrogation for CCC

40,000,000 won as the cause of the claim for the claim, Cheongju District Court Decision 2009No3063

(2) The plaintiff and AA in the above case shall not be deemed to have been liable for damages. The plaintiff and the plaintiff shall be deemed to have been liable for damages.

10.2. As of February 1, 198, AA was KRW 81.3 million (=32.7 million + KRW 48.6 million) to the Plaintiff and the place as to the Plaintiff.

A decision on recommending compromise may be confirmed with the content that the amount of annual damages shall be paid.

However, each of the above evidence, Gap evidence No. 10, and the whole purport of the pleading shall be acknowledged.

The following circumstances: (a) the Plaintiff applied for the auction of this case around August 2014; and (b) the Plaintiff applied for the auction of this case.

that there was no assertion of any claim alleged by the Plaintiff prior to the secured claim for registration;

In the case of the claim of October 21, 1994, the plaintiff shall be from AA to the same day, in the case of the claim of the Republic of Korea, the head of the plaintiff shall be in the name of the

The establishment registration of a mortgage over the maximum amount of 14 million won with respect to the 43-1 forest land and 62,479 square meters in glusium.

(1) The plaintiff and AA have been granted a separate security interest, and the plaintiff's written sentiments between the plaintiff and AA.

any other claim except the above 32.7 million won and the interest thereon, in respect of any claim with respect to

on July 24, 2016

on 02 December 2016

1. Basic facts

(a) In respect of each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) owned by AA;

under section 3169 of the Cheongju District Court Branch No. 2014MoMa3169 on September 5, 2014 (hereinafter referred to as "the procedures for compulsory auction")

The auction procedure was initiated.

BB receives, on February 25, 2004, from the Cheongju District Court, a single registry office for the instant real estate

On February 23, 2004, No. 1445, a sale reservation made on February 23, 2004

H. The plaintiff completed the provisional registration of this case, and the plaintiff completed the provisional registration of this case from BB as to the above provisional registration of this case from BB

1. The registration of transfer based on a contract of transfer as of January 18, 2005, the receipt of a single-sea registration office No. 429;

Any person received a completion.

C. In the instant auction procedure, on April 11, 2016, the said court drafted a distribution schedule with the following content:

sexuality.

D. The plaintiff appeared on the above date of distribution and raised an objection against the defendants as to the whole amount of distribution.

was set up.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 5, 6, 10

written evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's assertion

The plaintiff shall pay to AA KRW 20 million on October 21, 1994, KRW 15 million on July 21, 2005, and KRW 15 million on July 21, 2005.

Each loan claim was held, but AA bears the burden on the Plaintiff on January 14, 2005.

the principal and interest on the claim of king at the time of discharge of the obligation of 32,700,000 won

The plaintiff made a promise to repay in lump sum, and in accordance with the above commitment, the plaintiff 32.7 million won to BB.

in order to pay such claims and to secure all the claims of the existing 35 million won, BB

In addition, on July 22, 2009, the Plaintiff transferred the provisional registration of this case to CCC.

The plaintiff's claim for reimbursement of 48.6 million won is satisfied on behalf of the defendant.

The Plaintiff promised to be included in the secured claim of provisional registration, and the District Court

There are claims under the ruling of recommending reconciliation in the case of 2009da3063. Accordingly, this is not appropriate.

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