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(영문) 부산지방법원 2015.10.27 2015가단33997

근저당권말소

Text

1. On March 9, 2015, the Defendant: (a) on each of the real estate listed in the attached list to the Plaintiff, Busan District Court, the Busan District Court’s office of registry.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established for the purpose of rebuilding improvement project A, one unit of land located in Busan Seo-gu D, 3898§³ (hereinafter “instant land”).

B. Before implementing the reconstruction improvement project, the Defendant owned 413/123200 shares of the instant land, and E owned 137/123200 shares of the said land. On June 28, 1995, E concluded on June 28, 1995 that the establishment registration of a neighboring mortgage (hereinafter “instant collateral security”) against the Defendant for the establishment of a mortgage against the obligor, E, and the mortgagee of the said land was completed on June 28, 1995 by the Busan District Court, the Busan District Court, the 49671 received on June 28, 1995.

C. Of the instant land, the Plaintiff completed the registration of ownership transfer on August 13, 2008 with respect to the registration of ownership transfer on the ground of sale on December 30, 2005 as to the 413/123200 of the Defendant’s shares among the instant land, and on the ground of sale on December 30, 2005, as to E’s share 137/123200. < Amended by Presidential Decree No. 20689, Feb. 13, 2006; Presidential Decree No. 2

On December 30, 2008, the Defendant prepared and executed a letter on December 30, 2008, stating, “I, at the same time, deliver the registration of ownership transfer to the Defendant on shares of 550/123200 among the land of this case, I would like to cancel the right to collateral security with respect to E at KRW 80,00,000.” (hereinafter “I”)

E. On January 29, 2009 after completion of the business, the Plaintiff completed the registration of ownership transfer on January 23, 2009 (hereinafter “instant transfer registration”) with respect to the Defendant’s share of 550/123200 of the instant land among the instant land stipulated in the instant letter.

F. After that, the land in this case was finally changed to each real estate listed in the separate sheet due to the change of the parcel number and pointed out during the process of implementing the project, and as to the shares of 3398.2792/3874.7 shares among each real estate listed in the separate sheet due to the implementation of the urban and residential environment improvement project after the completion of the project, the Plaintiff’s future and the Defendant’s future shares of 1.6081/3874.7 shares. < Amended by Presidential Decree No