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(영문) 서울고등법원 2015.09.03 2015나2011920

근저당권말소

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1. The plaintiff's appeal against the Industrial Bank of Korea and its exchange change at the trial court.

Reasons

1. Basic facts

A. From November 29, 2004 to April 2, 2012, the Defendant Industrial Bank of Korea concluded a credit transaction agreement with B on eight occasions, as shown below [Attachment 1].

[Attachment 1] On November 29, 2004, the loan amount of No. 1,180,000 UN Loan for Facilities in Foreign Currency on November 29, 2004, KRW 150,000,000 on June 26, 2006, KRW 45,000,000,000 for Small and Medium Enterprise Loan 25,000 on January 15, 2010, KRW 30 million on May 18, 2010, KRW 60,000,000 for Small and Medium Enterprise Loan 8,000,000 won on September 30, 201, KRW 7,000,000 for Small and Medium Enterprise Loan 11,50,000,000 won on August 1, 201.

B. In addition, from November 29, 2004 to April 30, 2008, the defendant Industrial Bank of Korea concluded a mortgage contract with B more than five times as shown below [Attachment 2-1], and completed the registration of creation of a new mortgage as to the real estate listed in the separate sheet owned B (hereinafter “the instant real estate”).

(hereinafter “each of the instant collateral security rights”). [Attachment 2-1] On November 29, 2004, the maximum debt amount of the creditor who was the date of the instant contract with the No. 17297, Nov. 29, 2004, the Defendant Bank of Japan Branch Branch of the Incheon District Court of Law No. 140895, Nov. 13, 2004, received KRW 140896, Nov. 29, 2004, and received KRW 6620, Jan. 4, 2005, the same court No. 6620, Dec. 6, 2006, which received KRW 17297,500,000,000,000 won, which was KRW 17297,40,000,000 on Apr. 30, 2008.

C. At the time of the establishment of each of the instant mortgages, each of the instant mortgages was initially selected as “comprehensive collateral security” among the three types of collateral mortgages, limited collateral mortgages, and comprehensive collateral mortgages, but on October 5, 2012, Defendant Industrial Bank of Korea and B entered into a contract on the establishment of each of the instant mortgages with the content that changed the scope of each of the instant collateral security obligations to “Limited collateral security” with regard to the scope of each of the aforementioned collateral security obligations, respectively.