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(영문) 대전지방법원 2013.08.21 2012가합7179
근저당권이전등기
Text

1. As to each real estate listed in the separate sheet against an independent party intervenor, the Defendant Han Bank shall:

Reasons

1. Basic facts

A. The Defendant Han Bank Co., Ltd. (hereinafter “Defendant Han Bank”) received each of the real estates indicated in the separate sheet owned by the Intervenor (hereinafter “the instant real estates”) and the independent party intervenor (hereinafter “the Intervenor”) with respect to the real estates indicated in the attached sheet owned by the Daejeon Seo-gu Incheon District Court No. 13791, Feb. 14, 2001, as the maximum debt amount of KRW 280,000,000; ② the debtor, the obligor, the Intervenor, and the court of the same trial; ② the maximum debt amount of KRW 1,200,000,000, KRW 75306, Jul. 26, 2004; ② the obligor, the obligor; and ③ the obligor, the obligor, the obligor, and the obligor’s respective maximum debt amount of KRW 301,00,000,000; and ③ the obligor, the obligor’s respective maximum debt amount of KRW 1,200,006.

B. The Intervenor completed the registration of creation of superficies with the Daejeon District Court No. 13792 on February 14, 2001 for the purpose of securing the obligation regarding each of the instant real estate to Defendant Han Bank.

C. With respect to each real estate owned by the network B, Daejeon District Court (Seoul District Court No. 32376, Apr. 3, 2008) completed the registration of the establishment of a mortgage with the maximum debt amount of KRW 3,000,000,000,000, which changed the maximum debt amount of KRW 1,200,000 to the Plaintiff on April 14, 2008.

On May 11, 2011, the Defendant Han Bank filed an application for voluntary auction with the Daejeon District Court I on each of the instant real estate owned by the present network B. On June 28, 2012, the Defendant Han Bank received KRW 1,536,49,259 as the first mortgagee against the Intervenor on June 28, 2012, and KRW 2,236,185,667 as the applicant creditor of the debtor’s net B and received KRW 2,36,185,67 as the third mortgagee, and received all of the secured claims of each of the said paragraphs and superficies by subrogation, etc. from the Intervenor, which was paid the remainder of the secured claims of the second and third collateral security and KRW 708,239,264.

E. The net B shall be June 19, 201.

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