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(영문) 서울고등법원 2018.12.07 2018나2006134

소유권말소등기

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall be liable for the attached Form from the plaintiff to D Association.

Reasons

1. The reasoning for this part of this Court is as follows, and this part of the reasoning for the judgment of the court of first instance is the same as that for the reasons indicated in paragraph 1, except for dismissal or supplement (a short-name also used as the same). In accordance with the main sentence of Article 420 of the Civil Procedure Act

On November 15, 2013, the date when the contract of this case was concluded, the court of first instance added the "Fe. 8, 2013" in front of the "U.S. District Court", and the "Be. 25, 2013," beginning on November 25, 2013, the "Be. 1.4 billion won, at the same time, the registration of creation of a mortgage over the land of this case was terminated with the debtor, the defendant, the maximum debt amount of 1.82 billion won, and at the same time, the registration of creation of a mortgage over the land of this case was cancelled."

Upon approval of the above loan application, on November 25, 2013, the Plaintiff entered into a contract for the establishment of a mortgage with the debtor as to the land of this case, which had been registered under the name of the Plaintiff, with the defendant and the maximum debt amount of KRW 1.82 billion (the secured debt shall be the loan amount of KRW 1.4 billion newly approved, as above) and completed the establishment of a mortgage. According to the evidence No. 1 of the above loan No. 1. 5 (the maximum debt amount of the contract on July 9, 2002), No. 9 (the maximum debt amount of the mortgage contract on the land of this case, KRW 1.8 billion), No. 14 million (the secured debt shall be the loan amount of KRW 1.4 billion) and No. 14 million (the debtor shall be all the maximum debt amount of KRW 7.3 billion).

A total of KRW 1.4 billion of the loan principal of the Plaintiff, which was secured by the debtor, shall be repaid, and on November 27, 2013, the registration of the establishment of the three neighboring mortgage on November 25, 2013 shall be completed on the ground of termination on November 25, 2013.