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(영문) 대구지방법원경주지원 2016.11.01 2015가단4866

근저당권설정등기절차이행

Text

1. On September 15, 2015, the Defendant committed a contract establishing a right to collateral security on the attached list to the Plaintiff.

Reasons

Basic Facts

The following facts are either disputed between the parties, or acknowledged by Gap evidence 3, Eul evidence 4, 5, witness C's testimony, defendant's personal examination results, and the whole purport of arguments.

The Plaintiff agreed to purchase F 105,00,000 won in the purchase price of KRW 345,00,000,000 in the purchase price, which is located in E and 3 parcels, from D operated by C, and paid KRW 145,00,000 out of the purchase price to D. The Plaintiff paid 345,00,000 won to the Savings Bank, which is the mortgagee of the above building, after the Plaintiff paid the purchase price to F 145,00,000 won in lieu of the debt of D, which was paid to D by the mortgagee of the above building, after completing the registration of ownership transfer of the above building.

In addition, the plaintiff has a claim to return KRW 30,000,000 lent to C.

In addition, the defendant is the father of C.

B. The registration of ownership transfer was completed on May 12, 201 with respect to the buildings listed in the separate sheet (hereinafter “instant building”).

C Concerning the instant building on the same day, the New Bank Co., Ltd. completed the registration of creation of a mortgage over the debtor C and the maximum debt amount of 240,000,000.

On November 4, 2014, New Bank Co., Ltd. applied for a voluntary auction on the instant building, and the registration of the entry of the decision on voluntary commencement of auction was completed on November 4, 2014. On September 11, 2015, the registration of the establishment of a new bank was cancelled due to the cancellation of the registration of the establishment of a new bank, and on the same day, the registration of ownership transfer was completed in the future of the Defendant on the grounds of

Accordingly, on September 17, 2015, the registration of the entry of the decision to commence the voluntary auction was cancelled.

C. On September 15, 2015, C concluded, under the name of the Defendant, a mortgage-backed contract with the Plaintiff, the mortgagee, and the debtor regarding the instant building, with the maximum debt amount of KRW 210,00,000,000, and the mortgage-mortgage

(hereinafter “instant mortgage contract”). The Plaintiff