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(영문) 서울중앙지방법원 2014.07.11 2013가합551452

근저당권말소

Text

1. Defendant B, on May 14, 2008, with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a medical corporation established on June 13, 2008.

B. On May 14, 2008, the medical corporation D (representative E) entered into a mortgage agreement with the National Federation of Fisheries Cooperatives and the National Federation of Fisheries Cooperatives with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, on May 14, 2008, it concluded a mortgage agreement with the debtor medical corporation as well as the National Federation of Fisheries Cooperatives as the debtor medical corporation, and the National Federation of Fisheries Cooperatives. On the same day, on May 14, 2008, the Daegu District Court and the National Federation of Fisheries Cooperatives completed the registration of the establishment of the neighboring real estate (hereinafter “registration of the establishment of the first neighboring real estate”).

C. On June 16, 2008, the Plaintiff donated the instant real estate to a medical corporation D on the same day, and completed the registration of ownership transfer on the instant real estate on the same day, thereby incorporating the instant real estate into the Plaintiff’s fundamental property.

On November 13, 2009, the Plaintiff succeeded to the debtor's status of the above mortgage-backed contract between D and National Federation of Fisheries Cooperatives. Defendant Korea Asset Management Corporation acquired the status of the mortgagee from the National Federation of Fisheries Cooperatives on June 29, 201, and completed the registration of transfer of mortgage on August 16, 201.

D, even with F on May 14, 2008, concluded a mortgage agreement with F as the maximum debt amount of 750,000,000 won, the debtor E and the mortgagee F with respect to the instant real estate, and on the same day, F completed the registration of creation of neighboring mortgage (hereinafter referred to as the “registration of creation of neighboring mortgage”) with respect to the instant real estate as the receipt of No. 26274 on May 14, 2008.

After that, on September 6, 2010, the F transferred the status of the mortgagee to G on September 6, 2010, completed the registration of the transfer of the right to collateral security on September 7, 2010, G transferred the status of the mortgagee to Defendant B on August 20, 2012, and completed the registration of the transfer of the right to collateral security on September 20, 2012.

E. The plaintiff is the defendant on September 29, 2009.