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(영문) 광주지방법원해남지원 2019.04.23 2018가단200553
근저당권말소
Text

1. The defendant shall make a registration office of Jindo-gu in Gwangju District Court with respect to the share of 1/3 of each real estate listed in the separate sheet to B.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) B borrowed KRW 3 million from C on August 4, 2001, but C lost the benefit of time due to delayed payment of interest from November 25, 2001. C on March 31, 2003, notified the Plaintiff of the above assignment of credit to B on April 7, 2003, and then the notification was delivered to B around that time. 2) The Plaintiff filed a lawsuit against B seeking the performance of the obligation to pay the acquisition amount under the Gwangju District Court 2006Gapo2517. On August 21, 2006, the above court received “B” from the date following the date of November 25, 2001 to the date of performance recommendation from November 25, 2001 to the date of performance recommendation 205% of the annual payment recommendation.

3) After that, for the extension of extinctive prescription, the Plaintiff filed an application with the Busan District Court for a payment order seeking the payment of the amount to be taken over again as Busan District Court 2016 tea10858, and the said court issued the payment order on June 20, 2016. On November 18, 2016, B did not object to the above payment order, and as such, B did not object to the above payment order on December 2, 2016, the said payment order became final and conclusive on December 2, 2016. (b) The Plaintiff, the husband of B as to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) with respect to each real estate listed in the separate sheet owned by the Defendant as the registry office of the Busan District Court 5971, Jul. 12, 200, registered the establishment of a mortgage agreement with the debtor D, the maximum debt amount of debt amount of KRW 70 million, the mortgagee, and the Defendant as the Defendant on July 2, 20012.

(D) On November 26, 2003, the right to collateral security under the name of the defendant with respect to each of the instant real estate was established.

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