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(영문) 부산지방법원동부지원 2014.01.07 2012가단16072
근저당권말소
Text

1. As to C’s share of 6,142/39,686 square meters among 39,686 square meters in Busan-gun, Busan-gun (16 square meters in size).

Reasons

According to the purport of evidence Nos. 1 through 11 (including additional numbers) and the entire pleadings, ① the Plaintiff has a claim against C for the payment of the judgment amount (770 million won and damages for delay) pursuant to the Busan High Court Decision 2008Na1996 Decided February 13, 2009, ② C completed the registration of creation of a mortgage (hereinafter “registration of this case”) on January 4, 2008, stating the maximum amount of debt as to the portion indicated in the order to the Defendant on January 4, 2008, ③ C was sentenced to imprisonment with prison labor for one year and two years of suspension, and C did not claim for the cancellation of the registration of this case, ⑤ the fact that C’s appeal against the above judgment did not actively claim for the cancellation of the registration of this case, ⑤ the fact that C did not claim for the cancellation of the registration of this case to the Defendant by any specific means other than the closure of the order at the time of closing argument.

According to the above facts of recognition, it is reasonable to deem C had completed the registration of this case to the Defendant without the secured debt. Accordingly, the registration of this case is null and void. Accordingly, the Defendant is obligated to perform the registration of this case to C, and the Plaintiff is entitled to seek the implementation of the above registration procedure by subrogation of C. Thus, the Plaintiff’s claim of this case is reasonable.

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