beta
(영문) 의정부지방법원 2016.12.07 2015가합2833

근저당권말소등기의 회복등기절차이행

Text

1. The Defendants jointly share KRW 250,000,000 with respect thereto to the Plaintiff and the period from April 14, 2016 to December 7, 2016.

Reasons

1. Basic facts

A. Since February 4, 2005, C and D owned 1/2 shares of each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”) since February 4, 2005, but thereafter there was a change in ownership as to the instant real estate as follows.

On October 11, 2013, the sale of shares C (1/2) in the object C (1/2) subject to the cause of registration, and the sale on August 14, 2014, Defendant B and 4. Sale on August 14, 2014, Co.,, Ltd. < Amended by Act No. 14183, Apr. 14, 2016>

B. 1) On the other hand, the establishment of the right to collateral security on the instant real estate, and C shares among the instant real estate (hereinafter “C shares”) are deemed as C shares.

F) On October 24, 2013, F, who was the mortgagee of the right to collateral security, filed an application for voluntary auction with the District Court G, and rendered a voluntary decision to commence the auction on the share thereof (hereinafter “instant auction”) (hereinafter “instant auction”).

) At the time, the Yangju Livestock Cooperatives, which had the first priority on the registry on the establishment of the right to collateral security with respect to the instant real estate, terminated on December 8, 2005, was excluded from the said table (number 3), and was excluded from the said table. The following (hereinafter referred to as the “first priority collateral”).

(2) On December 7, 2005, on December 7, 2005, Defendant Spocheon Agricultural Cooperative Co., Ltd. (debtor C, 780,000,000 won) (2) owned shares in C (1/2) subject to the No. B (1/2) 2 (1) on the register, and on December 7, 2005, Defendant Spocheon Agricultural Cooperative Co., Ltd. (debtor B, 780,00,000 won) was changed to “B” on the ground of contract acceptance on October 11, 2013, the debtor of the right to collateral security was changed to “B”;

On February 24, 2009, the Fright to collateral security (A debtor, maximum debt amount C, 50 million won) and 5 July 26, 2009, the Plaintiff’s right to collateral security (C debtor, maximum debt amount C, 250,000,000 won) and the Plaintiff’s right to collateral security (B) on July 26, 2009.