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(영문) 부산고등법원 2020.06.10 2019나58172

근저당권말소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. 1) D’s right to each real estate listed in the attached list of real estate 1) completed the registration of ownership transfer on October 13, 2006 with respect to the land listed in paragraph (1) of the attached list of real estate 1, and completed the registration of ownership transfer with respect to the factory building listed in Paragraph (2) of the attached list on April 17, 2007, and completed the registration of ownership preservation with respect to the factory building listed in Paragraph (3) of the same list on October 31, 2012 (hereinafter the above real estate collectively referred to as “each real estate”).

(2) On December 6, 2006, the Defendant completed the registration of creation of a mortgage consisting of the debtor D and the maximum debt amount of KRW 1,320,00,000 on the instant real estate 1. The Defendant added the instant real estate 2 on May 17, 2007, and on October 31, 2012, the instant real estate 3 as the joint collateral of each of the instant collateral security.

(3) On October 31, 2012, the Defendant completed the registration of creation of a mortgage with respect to each of the instant real estate at KRW 1,200,000 with respect to the debtor E and the maximum debt amount, and on the same day, with respect to the debtor E and the maximum debt amount as KRW 600,000,000 (hereinafter referred to as the “each of the instant collective security interests”). The Defendant completed each of the instant collective security interests (hereinafter referred to as the “each of the instant collective security interests”).

(b) Commencement of rehabilitation procedures for D and authorization of the rehabilitation plan;