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(영문) 청주지방법원 2018.09.04 2018가단25052
근저당권말소
Text

1. As to the real estate indicated in the separate sheet to the Plaintiff

A. Defendant B shall register the Cheongju District Court and February 12, 2018.

Reasons

1. Basic facts

A. The Plaintiff and Defendant C are the relationship between Manuri and Spanish, and Defendant B is the creditor of Defendant C.

B. The real estate recorded in the attached list (hereinafter the instant real estate) is owned by the Plaintiff. The Plaintiff completed the registration of the Cheongju District Court and the registration of the establishment of the mortgage on the said real estate under the Cheongju District Court No. 30452, Mar. 11, 2014 (hereinafter the instant registration of collateral security holders C, the debtor, and the maximum debt amount).

C. On December 6, 2017, Defendant C is entitled to receive from the Plaintiff in the instant case regarding the assignment and assignment order for claims attachment and assignment order under the Cheongju District Court Decision 2016Kadan2604 decided on December 6, 2016, which was based on the executory power of the land delivery case of Defendant C.

B. Subject to an order of seizure and assignment regarding the secured debt of KRW 100,000,00,000, the registration of partial transfer of the right to collateral security against the Defendant B, which was issued by the order of seizure and assignment of the secured debt of KRW 6,361,532.

The Plaintiff’s obligee D completed the registration of this Court and the provisional attachment registration of KRW 136,447,911, which was received on July 7, 2014. The Plaintiff’s obligee D completed the registration of this Court and the claim amount of KRW 136,447,91, while the Cheongju Agricultural Cooperative completed the registration of provisional attachment of KRW 38,204,539, which was received on July 26, 2016.

[Ground of recognition] Each entry (including paper numbers) in Gap evidence Nos. 1 through 4, the purport of the whole pleadings.

2. Determination of the claim against Defendant C

A. The Plaintiff, as the representative of E and F around March 2014, operated the foregoing company. However, the Plaintiff completed the first collateral security registration of the instant case where the Defendant C as a mortgagee without any cause to evade compulsory execution by the creditors due to difficulties in running the business. Therefore, it should be cancelled as the registration of invalidation.

B. Defendant C is the above.

Article 208(3)2 of the Civil Procedure Act provides that the Plaintiff’s assertion, such as the foregoing, was served with a complaint and did not appear on the date of pleading without submitting a written reply or any other document.

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