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(영문) 의정부지방법원고양지원 2017.07.19 2015가합2188

근저당권말소등기

Text

1. As to the shares of 107.635/797.7 (six stories 601), among the real estate listed in the separate sheet, to the plaintiffs:

A. The defendant.

Reasons

1. Basic facts

A. C and 12 others (hereinafter “C, etc.”) completed the registration of ownership transfer on April 12, 1995 for the real estate listed in the separate sheet (hereinafter “instant land”) with respect to the real estate listed in the separate sheet (hereinafter “instant land”). < Amended by Presidential Decree No. 15096, Dec. 30, 1996; Presidential Decree No. 15096, Apr. 12, 1995>

B. On December 30, 1996, C et al. completed the registration of the establishment of a maximum debt amount of 1.3 billion won with respect to the land of this case to the Daeyang Mutual Savings and Finance Company Co., Ltd. (the Defendant was appointed as the trustee in bankruptcy; hereinafter the same shall apply) and the Defendant, as the Goyang Branch of the Goyang Branch of the High District Court No. 205910, Dec. 30, 1996, and C et al. borrowed KRW 1 billion with respect to the land of this case from the Defendant as security.

C. On May 21, 1997, C, etc. newly constructed a building on the instant land with three underground floors and seven underground floors (hereinafter “the instant building”) and completed the preservation of ownership on May 23, 1997, and completed the registration of ownership on May 23, 1997, C, etc. completed the registration of establishment of a new building on the instant land with regard to the instant building as additional security for the loan obligations of KRW 1 billion as stated in the said paragraph (b), the Goyang Branch Branch Branch of the Ji Government District Court (No. 69241, May 23, 1997), the maximum debt amount of KRW 1.3 billion, and the debtor C (the debtor).

C, etc. completed the registration of establishment of the maximum debt amount of KRW 1.9 billion with respect to the instant land and the instant building, No. 69242, May 23, 1997, which was received on May 23, 1997, and C, a debtor C (hereinafter “instant 2-mortgage”). On the same day, C was loaned KRW 1.5 billion with the Defendant as security the instant 2-mortgage.

E. On June 20, 1997, the instant building was converted into an aggregate building, and on the same day, the registration of site ownership was completed for the entire shares of co-owners, such as C, for the instant building.

(f).