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(영문) 서울동부지방법원 2015.08.25 2013가합9466
근저당권설정등기말소 등
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 16,341,686 and a rate of 20% per annum from June 6, 2015 to the date of complete payment.

Reasons

1. The following facts can be acknowledged in light of the following facts in light of Gap evidence 3-1 to 10, Gap evidence 7-1 to 10, Gap evidence 10, Eul evidence 1 and the whole purport of the pleadings.

As to each real estate listed in the list of the attached real estate owned by the Plaintiff (hereinafter “each of the instant real estate”), the Plaintiff completed the registration of creation of a mortgage over the first priority priority of the maximum debt amount of KRW 15,000,000 as the Head of Changwon District Court No. 13021, Nov. 13, 1992, and completed the registration of creation of a mortgage over the same date with the Head of the 13022 maximum debt amount of KRW 120,000,000 as the Head of the same registry office No. 1302 on the same day.

(B) The registration of the establishment of each of the above units of mortgage was “the establishment of each of the units of mortgage in this case,” and each of the units of mortgage registered thereby was “each of the units of mortgage in this case.”

Defendant C completed the supplementary registration of the right to collateral security transfer on the ground of transfer on July 4, 1997, No. 10947, which was received on July 4, 1997, as to the registration of establishment of the right to collateral security transfer on each of the instant real property.

C. As above, Defendant C filed an application for voluntary auction of each of the instant real estate with the Changwon District Court D on the basis of the first right to collateral security, for which the supplementary registration of the transfer of collateral security was made in its name, and the said court accepted the application on October 28, 2009 and rendered a decision to commence the auction of each of the instant real estate.

In the subsequent auction procedure (hereinafter “instant auction procedure”), each real estate of this case was sold in total at KRW 32,316,100,00 in total, and KRW 11,024 in interest on delay and KRW 878,300 in advance auction deposit, and KRW 71,02 in sales amount plus KRW 1,934,760 in actual dividends calculated by deducting KRW 1,934,760 in enforcement cost, and KRW 15,00,000 out of KRW 31,341,686 in the amount to be actually distributed to the said sales amount, which is the first collateral security right, and KRW 16,341,686 in the remainder, which is the second collateral security right, was distributed to B.

2. The plaintiff's assertion.

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