beta
(영문) 서울북부지방법원 2017.10.25 2017가단9838

근저당권양도계약서의 무효 및 소멸

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On April 7, 2005, the establishment registration (hereinafter referred to as the “former registration”) of the establishment registration (hereinafter referred to as the “former construction”) of the Dongdaemun-gu Seoul Northern District Court No. 11637, the Dongdaemun-gu Seoul Northern District Court’s receipt of the Dongdaemun District Court’s registration office, which was concluded on November 30, 2004, the maximum debt amount of KRW 78,000,000, the Hyundai Construction Co., Ltd. (hereinafter referred to as the “former building”) owned by the Plaintiff was completed.

In addition, the establishment registration of a neighboring mortgage of KRW 81,900,000 for the old building was completed in the future of the modern construction, and Article 205 of the same Act, which is another building owned by the plaintiff, was completed in the future of the modern construction, each of the maximum debt amount of KRW 114,50,000, the maximum debt amount of KRW 214,500,000 for the old building.

In the end, the two previous buildings owned by the plaintiff were set up four collateral mortgages.

According to the reconstruction improvement project implemented by the Defendant, both the old building and the above subparagraph 205 of the same subparagraph are destroyed, and the Plaintiff was sold in lots each of the real estate listed in the attached Table (hereinafter referred to as the “new building”).

The former registration was newly made on April 24, 2014 due to the “contract concluded by November 30, 2004 and the sale by the improvement project by February 28, 2014,” which was received on April 24, 2014 by the same registry office, as the former registration was newly made on the ground of “the contract concluded by November 30, 2004 and the sale by the improvement project by February 28, 2014.” On January 18, 2013, since the modern construction transferred the right to collateral along with the secured claim

(hereinafter referred to as "new registration")

(2) The Plaintiff’s claim against the Plaintiff, including a serial number, was confirmed by the agreement on the transfer of the secured claim between Hyundai Construction and the Defendant on January 18, 2013, in order to eliminate the validity of the new registration that was transferred to the new building. The Plaintiff’s claim against the Plaintiff was invalidated by the agreement on the transfer of the secured claim between Hyundai Construction and the Defendant on January 18, 2013.