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(영문) 서울고등법원 2018.09.21 2018나2018106

근저당권설정등기청구 등의 소

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1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court of the first instance as to this case are stated in this case are as follows: “ September 18, 2014 (640-645)” in the remarks column of [Attachment 14] Nos. 14 of the first instance judgment as “ September 18, 2014 (641-645)”; “ November 1, 2014” in the column of column No. 6-2 of the second instance judgment as “ April 1, 2015”; and “Article 420 of the Civil Procedure Act as to the plaintiffs’ assertion is identical to the corresponding part of the grounds of the first instance judgment, except for additional determination as to the plaintiffs’ assertion as to the foregoing paragraph (2). Thus, it is cited as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The summary of the plaintiffs' assertion is the parties to the instant sales contract, which agreed to provide the plaintiffs, I, and the secured real estate of this case as security to the plaintiffs.

In addition, assets collateral loan agreement, underlying asset loan agreement, and trust agreement of this case for the implementation of the project of this case have close relations with each other. As a whole, Defendant International Asset Trust is a party to the project of this case as a party to the project of this case, and upon the request of I, must perform the I's obligation to provide security for the plaintiffs of this case.

On the other hand, Defendant AEM agreed to provide the instant secured real estate as security to the Plaintiffs.

Therefore, Defendant International Asset Trust is obligated to implement the registration procedure for the establishment of a new mortgage on the instant secured real estate to the Plaintiffs, and Defendant ABP is obligated to instruct the Plaintiffs to implement the registration procedure for the establishment of a new mortgage on the instant secured real estate.

B. 1) Determination 1) The sales contract of this case between I and the plaintiffs (as to the certificate No. 3-1, No. 6-2 of this case, Article 9 provides the seller with the security of 1, 2, and 3 of the secured real estate of this case owned by the seller in relation to the buyer's profit.

It provides that "A" shall be the trustee of "A" under the following.