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(영문) 인천지방법원부천지원 2017.06.15 2016가단25623
근저당권설정등기말소
Text

1. The Defendants: (a) on October 201, 201, the Incheon District Court Branch of the Incheon District Court, the Kimpo-si Branch of the Kimpo-si Office.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate indicated in the attached Form (hereinafter “instant building”).

B. On October 15, 2012, the Plaintiff entered into a lease agreement with C (hereinafter “C”) with respect to KRW 102 and KRW 103 of the first floor of the instant building, with a lease deposit of KRW 60 million from October 15, 2012 to October 14, 2014, with a monthly rent of KRW 500,000 (hereinafter “instant lease agreement”), and leased the said subparagraphs 102 and 103 to C.

C. In order to secure the obligation to return the lease deposit under the instant lease agreement, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the instant mortgage”) with respect to the instant building in the Incheon District Court, Seocheon-gu Kimpo-si, Kimpo-so, 6593, which was received on October 16, 2012, with the maximum debt amount of KRW 60 million (hereinafter “the registration of the instant mortgage”).

C did not pay rent and management expenses from March 2014, and around March 2015, the instant lease contract was terminated and the leased object was delivered to the Plaintiff.

E. On August 25, 2016, Defendant SBK Co., Ltd. completed the provisional seizure registration of the instant collateral security claims against the registration of the instant collateral security by the Seoul Central District Court 2016Kadan40926, which was the claim amounting to KRW 8,854,389, on August 25, 2016.

F. On September 29, 2016, Defendant B completed the registration of provisional seizure of collateral security claims against the registration of the instant right to collateral security as the Incheon District Court Branch Decision 2016Kadan10987, which was the claim amounting to KRW 33,005,009, pursuant to the provisional seizure order of the secured claim registration of the instant right to collateral security, pursuant to Article 7166, which was received on October 5, 2016.

G. On December 22, 2016, the Plaintiff’s instant rent and management fee of KRW 87 million, which was overdue from March 2014 to March 2015, 2015, as the Incheon District Court Branch 2016Kadan28929 against C.

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