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(영문) 광주지방법원 해남지원 2018.05.29 2017가단1698
근저당권말소등기 절차이행
Text

1. As to each real estate listed in the separate sheet to D Co., Ltd.

A. Defendant B is the Jindo District Court of Gwangju.

Reasons

1. Basic facts

A. On October 20, 2006, the Plaintiff filed a lawsuit against D (representative E, hereinafter “D”) claiming payment of KRW 54,366,00 as the Gwangju District Court 2006da97417, and the above court rendered a ruling of recommending reconciliation on May 30, 2006 that “D shall pay KRW 54,36,00 to the Plaintiff by June 30, 2007,” and the above ruling of recommending reconciliation was finalized on June 22, 2006.

B. On June 1, 2007, J completed the registration of the establishment of the first priority mortgage (hereinafter “the first priority mortgage”) with respect to each real estate indicated in the attached list by the Seoul District Court, Jindo District Court, Jindo District Court, Law No. 8196, Jun. 1, 2007, and the debtor D completed the registration of the establishment of the second priority mortgage (hereinafter “the second priority mortgage”) with respect to each real estate indicated in the attached list, and the Defendant C completed the registration of the establishment of the second priority mortgage (hereinafter “the second priority mortgage”) with the amount of maximum debt amount as No. 8197, Jun. 1, 2007, which was received on June 1, 2007.

C. On June 5, 2007, Defendant B applied for the auction of real estate for each real estate listed in the separate sheet to Gwangju District Court Maritime Court YF on June 7, 2007, based on the instant collateral security, and Defendant C was decided to commence the auction on June 7, 2007. Defendant C applied for the auction of real estate for each real estate listed in the separate sheet to the Gwangju District Court Maritime Court Maritime Branch G (Duals) on June 5, 2007, based on the instant collateral collateral security. Defendant C was decided to commence the auction on June 11, 2007.

In each of the above real estate auction procedures, the court of execution notified the Defendants of purchase on March 26, 2008 on the ground that there is no possibility for the Defendants to remain, and on May 1, 2008, the Defendants rejected the Defendants’ request for each of the above real estate auction procedures.

[Ground of recognition] Evidence No. 1-1, 2, Evidence No. 3-1, and 2-2, the purport of the whole pleadings

2. Determination as to Defendant B’s defense prior to the merits

A. The Plaintiff’s claim against Defendant B against D has already been extinctive prescription prior to the filing of the instant lawsuit.

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