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(영문) 대전지방법원공주지원 2019.01.17 2018가단21998

근저당권말소

Text

1. On March 29, 2013, the Defendant: (a) on each real estate listed in the separate sheet, the Daejeon District Court Cheongyang Registry on the Plaintiff.

Reasons

1. Basic facts

A. On August 11, 2008, the Defendant completed the registration of the establishment of a mortgage on the Daejeon Seo-gu D Apartment E (hereinafter “instant apartment”) with respect to the obligor C, the maximum debt amount of which was 380,000,000 won (hereinafter “instant apartment”), and on January 30, 2008, the Defendant completed the registration of the establishment of a mortgage on each of the real estate (hereinafter “instant apartment”) indicated in the attached list, which is owned by H Co., Ltd. (as of January 30, 2008, the establishment of a mortgage was completed on January 30, 2008, F, the obligor G, the maximum debt amount of which was 420,000,000 won). On August 13, 2008, the Defendant completed the registration of the establishment of a mortgage on each of the real estate (hereinafter “instant real estate”).

B. On October 19, 2010, the Plaintiff merged the said H Co., Ltd., and completed the registration of ownership transfer on October 25, 2010.

C. As to the instant apartment, on July 29, 201, the registration of the establishment of the first neighboring mortgage was cancelled due to the cancellation of the registration of the establishment of the first neighboring mortgage by F Co., Ltd., F, the Defendant’s second neighboring mortgage was canceled due to the partial renunciation of the registration of the establishment of the mortgage. In other words, the registration of the establishment of the establishment of the first priority neighboring to the obligor G, the maximum debt amount of 300,000,000 in the I Bank was completed in the future, and on March 25, 2013, the registration of the establishment of the establishment of the first neighboring mortgage was completed in the additional

On the other hand, on August 1, 2011, with regard to the apartment of this case as the debtor C on August 1, 201, the establishment registration of the mortgage of this case was completed on the second priority of the maximum debt amount of 380,000,000 and the third priority of the maximum debt amount of 36,100,000. The establishment registration of the mortgage of this case was completed on the fourth priority of the debtor C, the maximum debt amount of 55,000,000.

The Plaintiff partially repaid the instant loan debt to the Defendant, and on March 29, 2013, the registration of the establishment of the Defendant’s neighboring real estate, etc. was partially waived.