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(영문) 의정부지방법원고양지원 2016.04.08 2015가합74091
피담보채권확인 등
Text

1. The Incheon District Court regarding each real estate listed in the separate sheet 53 to 55 of the instant lawsuit against Defendant A and B.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter referred to as “each real estate of this case”), and in the case of an individual real estate, according to the separate sheet number, the Plaintiff is the owner of each real estate of this case.

B. On June 2005, the Plaintiff borrowed 400 million won from the Defendants and D (hereinafter referred to as the “Defendant side”) at the interest rate of 3% per month from June 2005, and set up a collateral security right as follows with respect to each of the instant real estate in order to secure the above borrowed money.

C. On June 10, 2005, the Plaintiff completed the registration of establishment of each of the following units: (a) the registration of establishment of a mortgage-holder D (the maximum bond amount of KRW 320 million), Defendant A (the maximum bond amount of KRW 160 million), Defendant B (the maximum bond amount of KRW 160 million), and Defendant B (the maximum bond amount of KRW 160 million) with respect to the remaining real estate, except for the real estate No. 53 through 55 of the instant real estate.

On July 13, 2005, the Plaintiff completed the registration of establishment of each of the following units: (a) as to each of the instant real estate on July 13, 2005, the Incheon District Court’s North Incheon District Court’s receipt of the registration office of Incheon District Court, each of which is the Defendant A (the maximum amount of claims KRW 530 million), Defendant C (the maximum amount of claims KRW 150 million), and D (the maximum amount of claims KRW 75 million).

(hereinafter hereinafter referred to as the "mortgage creation registration of each of the of the instant units of mortgage in addition to the registration of establishment of a neighboring mortgage of the Incheon District Court No. 48074 of the receipt of the Incheon District Court of D and the registration of establishment of a neighboring mortgage of the D and the defendant A and C of the same registration office No. 59271 of the receipt of the registration office No. 48074 and the registration of establishment of a neighboring mortgage of this case

D. On May 4, 2012, the Plaintiff asserted that the application for voluntary auction was defective in the application for each of the instant real property to the Incheon District Court E, and that the Defendant had already been repaid the secured debt of each of the instant collateral security, or had expired by prescription, and sought implementation of the procedure for registration cancellation.

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