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(영문) 수원지방법원 2019.05.07 2018가단560759
근저당권말소
Text

1. On September 12, 1997, the defendant shall notify C of each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the attachment registration on April 24, 1998 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) in order to collect the amount of national taxes in arrears against D.

B. On September 12, 1997, A Co., Ltd. completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) under No. 44116, which was the Seoul Western District Court’s receipt of registration office, with respect to the instant real estate as the maximum debt amount of KRW 100,000,000 and the debtor D.

C. On July 28, 2014, A Co., Ltd. was declared bankrupt (U.S. District Court 2014Hahap54), and the Defendant was appointed as a trustee in bankruptcy of A Co., Ltd. (hereinafter “Bankruptcy Company A”).

D filed a lawsuit against A corporation seeking the cancellation of the registration of the establishment of the creation of the instant neighboring mortgage, and the above parties adjusted the following contents on May 15, 2002:

(Seoul High Court 2001Na26943, hereinafter referred to as the “instant protocol of mediation”) . 1.D pays 500 million won to A by December 31, 2004 to the bankrupt.

2. If Paragraph 1 is fully implemented, A shall perform the procedure for the cancellation of the registration of the establishment of a neighboring mortgage completed on September 12, 1997 by the Government-funded Registry of the Seoul District Court, which was completed on September 12, 1997, and the Seoul District Court dismissed the execution of the provisional disposition order of 97Kadan37170 dated January 30, 1997.

3. If D fails to comply with paragraph (1) by December 31, 2004, the conciliation intervenor F, in lieu of the implementation of paragraph (1), shall implement the procedure for ownership transfer registration on the ground of payment in kind on January 5, 2005, with respect to the land of 1,885 square meters in Yongsan-gu, Sosan-si, Soyang-si, the bankrupt in lieu of implementation of paragraph (1).

4. If paragraph 1 or 3 is fulfilled, the obligation of the Plaintiff against the Defendant shall be extinguished.

5. Upon the fulfillment of Paragraph 1 or 3, the defendant shall set up the right to collateral security set forth in the Seoul Western District Court No. 44116, Sept. 12, 1997, which was received as of September 12, 1997, against the third party designated by D or D.

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