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(영문) 수원지방법원여주지원 2015.12.02 2015가단2159
근저당권이전등기
Text

1. The defendant on August 28, 1991, as to the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts C entered into a mortgage agreement on August 28, 191 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Gyeonggi Mutual Savings and Finance Company and the Gyeonggi Mutual Savings and Finance Company for the purpose of securing the above loan obligation, and entered into the mortgage agreement on August 28, 199, and entered into the registration of the establishment of the neighboring mortgage (the maximum amount of the claim amount of KRW 40 million, the debtor C, the Mutual Savings and Finance Company for the mortgagee Co., Ltd., Ltd., and the hereinafter “instant collateral security”).

On the other hand, on April 3, 1996, the Plaintiff completed the establishment registration (the maximum amount of claims KRW 450,000,000,000, and the debtor E) on April 4, 1996 on the ground of a contract to establish a mortgage on April 4, 1996.

The Gyeonggi Mutual Savings and Finance Company, a Co., Ltd., filed an application for voluntary auction as a mortgagee with respect to the instant real estate, which was owned by C, and voluntarily decided to commence auction with Suwon District Court Branch. On April 1996, the Gyeonggi Mutual Savings and Finance Company, a stock company, received dividends of KRW 330,076,446 from the above auction procedure around April 1996, and paid KRW 69,923,554 on August 30, 1996, by subrogation from G with whom C was the wife, for all the obligations for loans to the Gyeonggi Mutual Savings and Finance Company, Co., Ltd., Ltd.

G’s payment by subrogation was completed with the supplementary registration of partial transfer of the right to collateral security in the name of G, which was based on the payment by subrogation of part of the confirmed claim as of September 5, 1996, No. 21054, which was received on September 5, 1996, and August 30, 196.

C around March 1, 2005, around March 11, 2005, by lending money from the Defendant and H at the purchase cost of forest and field, and by around March 11, 2005, the Defendant agreed to pay KRW 500 million to the Defendant by March 10, 2006. However, for the purpose of securing the above agreed amount, the Suwon District Court (Seoul District Court No. 31595, Jul. 12, 2005) was the reason for the transfer of the contract as of July 11, 2005.

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