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(영문) 서울중앙지방법원 2017.09.05 2017가단5066790

근저당권말소

Text

1. As to the real estate listed in the separate sheet to the Plaintiff:

A. The defendant National Bank Co., Ltd. shall be the defendant.

Reasons

1. Basic facts

A. On July 30, 2014, the Plaintiff published the announcement of the supply of privately-owned housing through the “Public Notice of Notice of Sale of Housing Units 2 and 6 Complex” around July 30, 2014, and B filed an application for parcelling-out according to the said public notice and filed the application for parcelling-out in the attached list (hereinafter “instant apartment”).

B) On October 29, 2014, the Plaintiff and the Plaintiff agreed to sell the instant apartment at KRW 433,549,000 (hereinafter “instant sales contract”). The sales contract was concluded between the Plaintiff and the Plaintiff (hereinafter “instant sales contract”).

(2) On August 6, 2015, the Plaintiff concluded a registration of the establishment of a mortgage on the instant apartment as to August 10, 2015, and on August 6, 2015, the Seoul Central District Court received No. 213394, and completed the registration of the establishment of a mortgage on the instant apartment as to the instant apartment as to August 6, 2015, the Defendant National Bank received the Seoul Central District Court’s receipt of KRW 495,60,000, and the obligor B registered the establishment of a mortgage on the instant apartment as to the instant apartment as to August 10, 2015. The Defendant A completed the registration of the establishment of a mortgage on the instant apartment as to the maximum debt amount of KRW 400,000,000,000, and as to the obligor B as the receipt of the Seoul Central District Court’s receipt of the

3) Defendant Seocho-gu Seoul Metropolitan Government registered the seizure of the amount of property tax in arrears on KRW 989,090 in the amount of property tax in arrears in the instant apartment on November 29, 2016, under Article 250752, which was received on November 29, 2016. (B) On August 21, 2015, the Plaintiff notified B of the cancellation of the instant sales contract pursuant to Article 39(2) of the Housing Act on the ground that B was derived by unlawful means, such as the transaction passbook in violation of Article 39(1) of the Housing Act.

Article 39 of the Housing Act shall be as follows:

Article 39 (Prohibition against Disturbance to Supply Order) (1) Anyone shall be constructed and supplied in accordance with this Act.