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(영문) 광주지방법원 2015.05.13 2014나52649

근저당권말소

Text

1. The part of the judgment of the court of first instance concerning the procedure for cancelling registration of cancellation of the right to collateral security shall be revoked;

Reasons

1. Facts of recognition;

A. Regarding the various registrations of the instant real estate, the registration of ownership transfer and the registration of the establishment of the neighboring real estate was completed as follows.

1) On December 27, 2002, on November 15, 1993, registration of transfer of ownership, etc. (A) provisional registration of C’s right to claim transfer of ownership based on trade reservation (hereinafter “provisional registration of this case”).

C) On September 24, 2008, the provisional registration on May 20, 2009, as indicated in paragraph (b) of the Plaintiff’s title was based on the provisional registration on May 20, 2009, and the cancellation registration on the Plaintiff’s title transfer registration (ex officio cancellation) (C) 17,000,000 won with the maximum debt amount on November 19, 1993, and the registration on the establishment of a mortgage on December 29, 1998 (B) the establishment of a mortgage on December 120, 20,000 won with the maximum debt amount on December 29, 1998; D; D; Defendant’s establishment registration on the establishment of a mortgage; Defendant’s establishment of a mortgage on May 16, 200,000; Defendant’s establishment of a mortgage on May 16, 200; and Defendant’s establishment of a mortgage on September 29, 2009, respectively.

(B) The registration of change of the right to collateral security (hereinafter “registration of change of the right to collateral security”) that changes all of the debtor D from D to E.

A person shall be appointed.

B. 1) Before the registration of change of the instant right to collateral security was completed, the secured obligation of the registration of change of the instant right to collateral security was a loan (a general loan) to the Defendant of D, and its principal was KRW 105,00,000,000. 2) The Defendant, D, and E entered into a contract for change of the right to collateral security with the effect that E takes over the status of the debtor under the instant right to collateral security contract, which is the cause of the establishment of the instant right to collateral security, from D, to extend the repayment period of the foregoing loan on September 7, 2009.