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(영문) 울산지방법원 2017.05.25 2016가합24037
근저당권말소
Text

1. On June 13, 201, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Changwon District Court Kim Jong-hae Registry on the attached list.

Reasons

On December 31, 2010, the Plaintiff, C, and D purchased each 1/3 share of each of the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) on December 31, 201, and completed the registration of ownership transfer on February 24, 201.

D on June 9, 2011, sold 1/3 shares of the real estate to the Plaintiff, and completed the registration of transfer of ownership with respect to 1/3 shares of the Plaintiff on June 13, 201, and completed the registration of transfer of ownership with respect to 30,000,000 won, among the real estate, to secure the payment of KRW 2/3 shares of the Plaintiff out of the real estate, the Changwon District Court Kim Sea Registry of Korea (hereinafter “the registration of creation of mortgage”) completed the registration of creation of mortgage over the maximum debt amount of KRW 30,00,000 for the maximum debt amount of KRW 30,00,00 on June 13, 2011.

D On September 3, 2012, on September 3, 2012, C transferred KRW 30,000,000 to the Plaintiff, and completed the supplementary registration of the transfer of the right to collateral security C in the future.

E Based on the executory exemplification of the execution protocol of the construction cost case of the Daegu High Court 201Na3399 against C, E, based on the Daegu High Court 201Na3399, the amount claimed as 144,32,320 won on April 23, 2013, the debtor C and the third debtor as the plaintiff, and upon receiving a seizure and collection order of the claim on June 21, 2013 (Dasan District Court 2013TT 9329), the debtor C and the third debtor as the plaintiff, the debtor as the plaintiff, completed the seizure order of the right to collateral security (Dasan District Court 20,000,000 won on June 21, 2013).

On July 11, 2013, the Defendant completed the registration of seizure of the right to collateral security on July 23, 2013, by taking the obligor C and the third obligor as the Plaintiff, based on the executory exemplification of the payment order in the loan case No. 2012j4854, the Defendant completed the seizure of the right to collateral security on July 23, 2013.

On the other hand, C filed a lawsuit against the Plaintiff for partition of co-owned property as Busan District Court 2012Gahap5929 on April 3, 2012, and the Plaintiff on July 18, 2013.

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