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(영문) 부산지방법원 2019.04.11 2018가합46731

말소등기회복등기의승낙의사표시

Text

1. For the plaintiffs:

A. As to the real estate stated in paragraphs 1 and 2 of the attached list, Defendant D and E Co., Ltd.

Reasons

1. Basic facts

A. 1) H Co., Ltd. (hereinafter “H”) prior to the commencement of bankruptcy and rehabilitation procedures prior to the commencement of the registration of establishment of a neighboring mortgage in the name of the plaintiffs (hereinafter “B”).

) The apartment on the 15th above the 5th ground and the 2nd underground floor on the 5th parcel outside Busan Jgu, Busan (hereinafter “the apartment of this case”).

On June 23, 2005, the registration of initial ownership was completed with respect to the apartment of this case on June 23, 2005. 2) On August 2, 2005, the registration of initial ownership was completed with respect to each real estate listed in the separate sheet Nos. 1 to 4, 150,000,000 won with respect to the maximum debt amount of August 2, 2005, the registration of initial mortgage as the debtor H and mortgagee, and the registration of initial establishment as to each real estate listed in the separate sheet No. 5 to 8, 150,000,000 won with respect to each real estate listed in the separate sheet No. 5 to 3, 2005.

(B) The registration of the establishment of a neighboring mortgage, which was completed on the real estate listed in the separate sheet No. 1, was “the instant real estate” and “the registration of the establishment of a neighboring mortgage,” and each of the real estate listed in the separate sheet No. 1, referred to as “each of the instant real estate” and referred to as “the registration of the establishment of a neighboring mortgage of the instant real estate,” respectively.

H’s real estate security trust with respect to each of the instant real estate in this case entered into a real estate security trust agreement with K Co., Ltd. (the trade name was changed to L Co., Ltd. on March 10, 2009, and to K Co., Ltd. on March 20, 2014; hereinafter “K”), which includes each of the instant real estate, and most of the instant apartments including the instant real estate, and the relevant site was entrusted to K, and the priority beneficiary was designated as M and four, and on June 24, 2008, the registration of ownership transfer based on the instant trust was completed in the future of K.

C. H’s decision to commence rehabilitation procedures and to authorize the rehabilitation plan for H is 1) On October 16, 2009, upon filing an application for commencement of rehabilitation procedures with the Changwon District Court No. 2009hap71, the said court (hereinafter “the above court”).