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(영문) 부산지방법원동부지원 2016.01.14 2014가합4285

근저당권설정등기말소

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1. Defendant B:

A. On August 26, 2013, the Busan District Court's Dong Branch of the District Court with regard to the real estate listed in attached Table 1. Paragraph 1.

Reasons

1. Basic facts

A. D For real estate listed in Annex 1. Paragraph (1) of the Attached List on March 8, 2013, E for real estate listed in Annex 2. Paragraph (2) of the same day, and F for real estate listed in Annex 3. Paragraph (3) of the Attached List on June 5, 2013.

B. After concluding a mortgage contract with G on August 26, 2013, the Plaintiff completed the registration of creation of a mortgage between the maximum debt amount of 200,000,000 won and the debtor, the Plaintiff and the mortgagee G with respect to real estate stated in the separate sheet No. 1, 2013. On September 3, 2013, the Plaintiff completed the registration of establishment of a mortgage with respect to each real estate listed in the separate sheet No. 3, 200,000,000, with respect to each real estate listed in the separate sheet No. 3, the maximum debt amount of which is 20,000,000,000, with respect to each real estate listed in the separate sheet No. 3, 2013.

C. On June 10, 2014, G applied for a voluntary auction to the Dong Branch of Busan District Court on the basis of the instant right to collateral security, and accordingly, rendered a decision to commence the voluntary auction of the instant real estate. D.

Defendant B acquired the instant secured claim from G, and completed the additional registration of the transfer of the instant secured claim under the name of Defendant B, which was based on the transfer of finalized claim on November 11, 2014, from the Busan District Court Branch, No. 11357, Nov. 17, 2014.

E. On November 17, 2014, Defendant C completed the registration of the pledge of the instant right to collateral security.

F. On December 29, 2014, the Plaintiff deposited KRW 73,793,860,000, totaling the outstanding debt amount of KRW 70,000,000 and the execution cost of the secured debt of the instant collateral security, which was KRW 3,793,860, out of the secured debt amount of the instant collateral security, with Defendant B as a deposit, at the Busan District Court’s Dong Branch Branch in Busan District Court in 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to Defendant B’s main defense

A. The plaintiff alleged by the defendant B.