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(영문) 수원지방법원 2015.09.09 2014나27095

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

purport.

Reasons

1. Basic facts

A. On April 29, 2002, the non-party F, who owned one-third share of each of the 1,700 square meters and 493 square meters in the Dong-gu Seoul Special Metropolitan City, Ansan-si, the non-party F, who owned one-third share (hereinafter “each of the instant real estate”), had completed the registration of the establishment of a mortgage near the debtor F. and the maximum debt amount amount of KRW 150 million (hereinafter “the registration of the establishment of a mortgage of this case”) with respect to each of the instant real estate to H on April 29, 2002, under the Act No. 65681, Apr. 29, 2002, the non-party F completed the registration of the establishment of a mortgage of the same area as the F. Ansan-gu, Seoul Special Metropolitan City, which was owned by the joint collateral.

(b)F.

As H did not repay the obligation of the port, he filed an application for a voluntary auction of the amount of KRW 150 million with respect to the area of 726 square meters in Ansan-si, Yongsan-si, M. (K.). On May 12, 2004, H reported the claim amounting to KRW 150 million, and received the full amount of the claim on the date of distribution of the auction procedure.

C. As such, the registration of the establishment of the mortgage of this case was cancelled with respect to M land upon H’s full repayment of the secured debt of this case. However, with respect to each real estate of this case for which the object of auction was not the object of the registration, the registration of the establishment of the mortgage of this case was not cancelled, and thereafter, the additional registration of the transfer of the right to collateral security was completed in the future of the defendant, on the ground of the transfer of contract as of October 10, 2008, No. 112074, which was received on October 15, 2006, with the registration of the establishment of the mortgage of this case as the principal registration of the mortgage of this case.

E entered into a contract between F and F on March 2005 to exchange 40/70 of the share of 132 square meters in Guro-gu Seoul Metropolitan Government G big 132 square meters with each of the instant real estate owned by F, and E completed the registration of ownership transfer on March 23, 2005 with the mother of F on March 23, 2005 for the said G land share and its ground building.

E. The Plaintiff, E, as Suwon District Court, No. 2007Kadan50855 against F, each of the instant cases.