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(영문) 서울동부지방법원 2016.09.22 2014가합103891

근저당권말소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. Facts of recognition;

A. The relevant Plaintiff’s special representative is the Plaintiff’s wife and the Defendant’s assistant intervenor’s mother, and the Defendant’s assistant intervenor is the Plaintiff’s children.

B. Each real estate listed in attached Form 1 (hereinafter “instant real estate 1”) as of September 28, 201, as of September 28, 2011, (i) the registration of the establishment of a neighboring mortgage on September 29, 201.

A) As to the Defendant’s right to collateral security (hereinafter “instant contract”) with regard to the establishment of the right to collateral security (hereinafter “the right to collateral security”) under the name of the Defendant, the document establishing the right to collateral security (hereinafter “the right to collateral security”).

(2) On September 29, 201, the Defendant completed the registration of creation of a mortgage on the instant real estate No. 1 in the name of the Plaintiff, the owner of the instant real estate No. 1.

(hereinafter “instant No. 1 collateral security”). C.

Attached Form

Each real estate listed in attached Form 2 (hereinafter referred to as “second real estate of this case”) as of February 21, 2012 as of February 21, 2012, concerning each real estate listed in attached Form 2 (hereinafter referred to as “second real estate of this case”).

A) As to the Defendant’s right to collateral security (hereinafter “instant contract to collateral security”) with the content of establishing the right to collateral security under the name of the Defendant (hereinafter “instant contract to collateral security”).

(2) On February 21, 2012, the Defendant completed the registration of creation of a mortgage on the real estate No. 2 in the name of the Plaintiff, the owner of the instant real estate No. 2.2.

(hereinafter “instant collateral security”). D.

Attached Form

Each real estate listed in attached Form 3 (hereinafter “third real estate of this case”) as of February 21, 2012 as of February 21, 2012, each of the real estate listed in attached Form 3 (hereinafter “third real estate of this case”).

As to the right to collateral security under the name of the defendant (the creditor, the intervenor assisting the defendant, the intervenor assisting the defendant, the mortgagee of the right to collateral security, the plaintiff with the maximum debt amount of KRW 8.28 billion).