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(영문) 의정부지방법원 2016.01.29 2015나10241

근저당권말소

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1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 31, 201, the Plaintiff entered into a contract to sell each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Plaintiff (hereinafter “each of the instant real estate”) to KRW 860,000,000 between D and D, referred to as the chief of Q, Co., Ltd. (hereinafter “C”) on August 31, 201, in lieu of the payment of the remainder KRW 70,000,000,000,000,000,000,000,000 in lieu of the payment, by taking over the existing collateral collateral obligation against the agricultural cooperative at the end of the latest, and at the same time, entered into the said sales contract and agreed to provide each of the instant real estate as collateral.

B. Accordingly, on August 31, 2011, the Plaintiff entered into a mortgage agreement with the Chang L&C Co., Ltd. (hereinafter “ Chang L&C”) on each of the instant real estate with regard to the debtor C, the mortgagee C, the amount of the maximum debt, 500 million won, and the secured obligation with regard to each of the instant real estate, stating that “C, within the scope of the maximum debt amount, has entered into a loan agreement with respect to Chang L&C currently or will be borne in the future, as well as all obligations arising from bills, bills, checks, or commercial transactions, as well as all obligations arising from bills, checks, or commercial transactions.” However, D did not perform its obligations, such as the obligation to acquire the collateral obligation under the above sales agreement, and the obligation to pay the balance.

C. On August 23, 2012, at the time of filing an application for voluntary auction based on the instant right to collateral security, Chang S&C commenced the voluntary auction procedure for each of the instant real estate (hereinafter “instant auction procedure”). On September 21, 2012, Chang S&C’s period during the instant auction procedure was based on the transfer of finalized claim as of the instant collateral security to the Defendant on September 20, 2012.