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(영문) 서울남부지방법원 2015.01.08 2014가합9824

근저당권말소 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant and the Defendant’s husband D completed the registration of ownership transfer on the ground of “sale on November 29, 2002,” as Seoul Southern District Court No. 12938, Feb. 14, 2007, which received on February 14, 2007, as the Seoul Southern District Court No. 12938, Nov. 29, 2002.”

B. On the other hand, the real estate of this case completed the registration of creation of a mortgage (hereinafter the "mortgage No. 1"), which was based on the registration as set forth in Seoul Southern District Court No. 12973 on February 14, 2007, the maximum debt amount of which was KRW 636,80,00,000, the debtor D and the Korean National Bank Co., Ltd. (hereinafter the "National Bank"), with the debtor D and the Korean National Bank (hereinafter the "National Bank"), and the mortgage No. 240,000,000, the maximum debt amount of which was received on July 10, 2008 by the court No. 39398, which was received on July 10, 2008, the debtor D and the mortgagee were changed to the Gyeyang Saemaeul Saemaul Bank Depository (the trade name was later changed to the "Yannnnuri Saemaeul Saemaul Bank Depository"), and the mortgage No. 2, which was set forth by the registration as above, and the collective security of this case No. 1 and the case collectively.

A. [The facts without dispute over the grounds for recognition, the entry of Gap evidence No. 13, the purport of the whole pleadings, etc.]

2. The plaintiffs' assertion and D owned 1/2 of each of the real estate in this case.

In addition, the part equivalent to 1/2 of the secured debt of each of the instant mortgages is limited to D in the name of the debtor on the registry, but actually was the defendant's obligation.

However, on September 4, 2014, 440,983,919 won was distributed to the creditor bank of the first right to collateral security of this case to the creditor bank of the second right to collateral security of this case, and 207,538,810 won was distributed to the creditor of the second right to collateral security of this case to the Goyangndong Community Depository of the creditor of the second right to collateral security of this case.

As a result, D bears the defendant out of the secured obligation of each of the instant collateral security in its own property.