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(영문) 대구지방법원김천지원 2020.08.12 2019가단4102

근저당권등기말소등기

Text

1. The defendant shall receive on June 17, 1999, the registration office of the Daegu District Court with respect to the land size of 93 square meters in Gu, Si, Gu, Si, Gu, Daegu District Court.

Reasons

1. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings in each entry of evidence Nos. 1, 2, and 2-1, 2-2, A, 3, 4, and 5, respectively:

The registration of ownership transfer was completed in the name of the Plaintiff on the ground of “sale as of February 1, 1999,” on February 23, 1999, with respect to the instant land and building on the ground of the land reinforced concrete structure and the two retail stores of the brick structure (hereinafter “instant building”). However, with respect to the instant land and building as of June 16, 1999, the registration of ownership transfer was completed in the name of the Plaintiff on the ground of the contract signed by the Plaintiff as of June 16, 199, with the debtor and the Defendant as the mortgagee, and the registration of establishment of the maximum debt amount of KRW 31,00,000,000, neighboring to the registration of establishment of a mortgage of the Daegu District Court on June 27, 1999 was completed as the registration of establishment of a mortgage amount of KRW 31,000 with the maximum debt amount of KRW 18405

(B) The registration of the establishment of a neighboring building of this case is the “registration of the establishment of a neighboring building of this case” and the “registration of the establishment of a neighboring building of this case” of this case.

On April 27, 2000, the defendant was declared bankrupt by the Daegu District Court, and the Korea Deposit Insurance Corporation was appointed as a bankruptcy trustee.

C. On September 1, 200, the Plaintiff repaid the secured debt of the instant mortgage, but on September 1, 200, the Plaintiff and the Defendant bankruptcy trustee drafted a “certificate of termination to only terminate the registration of establishment of a neighboring mortgage on the instant building,” and only cancelled the registration of establishment of a neighboring mortgage on September 20, 200.

Meanwhile, bankruptcy against the defendant 2007

6. 25. Termination

2. According to the facts of the judgment on the cause of the claim, since the secured debt of the instant right to collateral security has been extinguished by repayment, the Defendant is obligated to implement the procedure for cancellation of registration of cancellation of the establishment registration of the neighboring mortgage on the instant land.

Even if the secured obligation has not been repaid, the secured obligation of the instant mortgage is the secured obligation.