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(영문) 대구지방법원안동지원 2015.09.10 2014가합3495

건축주명의변경

Text

1. The defendant shall implement the procedure for changing the name of the owner of building stated in the attached list to the plaintiff.

2...

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry (including each serial number, if any) of Gap evidence Nos. 1, 3, and 2 and 5-1, and 2.

B requested the Plaintiff to grant a loan necessary for the construction of a building (hereinafter “instant building”) on the ground of 127 square meters and D large 464 square meters (hereinafter “instant land”) at the time of permanent residence owned by B, and the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring land”) with respect to the instant land, in order to secure the claim for the refund of the said loan, on November 26, 2010, while lending KRW 400 million to B, the Plaintiff completed the registration of creation of a mortgage (hereinafter “registration of creation of a neighboring land”).

B. After that, E completed the registration of ownership transfer for the instant land on July 18, 201, and accepted the said loan contract B on the same day, the Plaintiff completed the registration of change of the right to collateral security with the content that the debtor of the registration of ownership transfer from B to E.

C. E obtained additional loans from the Plaintiff on two occasions as the new construction fund of the instant building. Accordingly, the Plaintiff completed the registration of the establishment of a mortgage on the instant land, including ① the maximum debt amount of KRW 91,00,000,000,000,000,000, the debtor, E, and the Plaintiff as a mortgagee, ② the registration of the establishment of a neighboring mortgage on February 16, 201, and ② the debtor, E, and the Plaintiff as the mortgagee, respectively.

The Defendant entered into a contract to purchase the instant land from E on July 29, 2014, and agreed on the same day to the Plaintiff as “as the owner of the instant building, transferred all rights as the owner of the instant building to the Plaintiff and did not raise any objection even if the procedures following the change in the name of the owner are followed,” in order to secure the obligation to return each of the above loans to the Plaintiff.

hereinafter referred to as "the case."