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(영문) 의정부지방법원고양지원 2019.04.12 2018가단86548
근저당권말소
Text

1. On February 22, 2006, Defendant B had jurisdiction over the real estate stated in the attached list to the Plaintiff.

Reasons

Since the secured debt in the registration of creation of a mortgage in the name of the Defendant B, which was completed on February 22, 2006 as the receipt No. 3167 of February 22, 2006, on the real estate listed in the separate sheet owned by the Defendant B (hereinafter “instant real estate”), as to the claim against Defendant B, the registration of creation of a mortgage in the above name of the Defendant B should be cancelled.

Upon receipt of an order from the Gwangju District Court 2016 tea12655 to issue a payment order against D to the effect that "D" shall jointly and severally pay to the Plaintiff 108,216,64 won and 71,159,166 won (hereinafter "E") at the rate of 15% per annum from July 27, 2016 to the date of full payment. The above payment order was finalized on August 27, 2016, and the debtor D was insolvent, and therefore, the debtor D shall demand the cancellation of the registration of the establishment of the neighboring mortgage in subrogation of D with the defendant 2.

Although Defendant C filed a claim for judgment as to the claim against Defendant C with respect to the instant real estate under Article 208(3)2 of the Civil Procedure Act (Article 208(3) of the Civil Procedure Act), it cannot be deemed that there was a juristic act establishing the secured claim, in light of the security value of the instant real estate, the establishment of the secured claim and lending of the amount adjacent to the establishment of the secured claim amount of KRW 100 million to Defendant C is very exceptional. Thus, the establishment registration of the instant real estate is deemed to have been completed in collusion with Defendant C, and thus, it should be revoked since the establishment of the mortgage in question is deemed to have been completed with Defendant C in collusion.

Judgment

Comprehensively taking account of the overall purport of the arguments in the statements in the evidence Nos. 1 through 4, 120,000,000 won from the Defendant C’s account on January 11, 2007, 180,000,000 won on July 18, 2007, and 9,200,000 won on February 8, 2010, 8080.

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