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(영문) 서울서부지방법원 2020.04.10 2019가단8415

근저당권말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 26, 2006, C Co., Ltd. (hereinafter “C”) constructed the F Building (12 commercial buildings in the first floor, 16 commercial buildings in the second floor, 16 commercial buildings in the first floor, 2 commercial buildings in the first floor, 17 commercial buildings in the K-ho No. J-ho, 1 commercial buildings in the third floor, 1 commercial buildings in the fourth floor, and 1 commercial buildings in the fourth floor) and completed registration of preservation of ownership.

C On December 22, 2006, with respect to the total amount of F building 2, 3, and 4 floors, C entered into a joint mortgage agreement with M on December 22, 2006, with the maximum debt amount of 3.25 billion won (1.30% of the actual credit amount of 2.5 billion won), the debtor C, and the mortgagee M on a mortgage, and completed the first priority joint mortgage registration on December 26, 2006.

B. C entered into a joint mortgage agreement with N on December 27, 2006 with respect to the total amount of KRW 1.3 billion (which is the total amount settled) from N on December 27, 2006 with N on December 2, 2006, with a maximum amount of KRW 1.3 billion, with respect to the total amount of KRW 2, 3, and 4 floors of F buildings on December 28, 2006, with a debtor, C, and with a mortgage holder N on December 28, 2006, and completed the joint mortgage registration of the above contents as of December 28, 2006 with the Busan District Court, the Busan District Court, as of December 47895 on December 28, 2006, with a promise to sell all the 2, 3, and 4 floors of F buildings to N on January 3, 207, and completed the ownership transfer claim registration with N as the provisional registration holder.

C. On May 18, 2007, N transferred KRW 200 million among the claims secured by the second priority mortgage regarding the instant real estate, which is the F building O, to the Defendant. Accordingly, on May 21, 2007, N completed the registration of partial transfer of the instant real estate, 200 million won on the ground of partial transfer of the finalized claim, and the registration of partial transfer of the second priority mortgage as the Defendant.

(2) The Defendant on May 31, 2007 as a certificate with a fixed date regarding C on May 21, 2007, and the registration of the said mortgage and its establishment transferred to the Defendant.