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(영문) 서울중앙지방법원 2015.11.06 2015가합524522

근저당권설정등기말소

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1. On July 13, 2010, the Defendant indicted all-round real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. Nonparty B’s conclusion of a loan contract and establishment of a right to collateral security (1) Nonparty B’s ground D (the ground level 2 and the ground level 6; hereinafter “instant building”) owned by him/her.

(2) On July 13, 2010, the Plaintiff concluded a loan contract with the Defendant for KRW 400 million, and the Plaintiff, the head, E, and E, the Dong resident, as the Defendant, jointly and severally guaranteed the Defendant’s loan obligations. (2) On July 13, 2010, the date of the conclusion of the above loan contract, the Plaintiff agreed on July 13, 2010, to set up a collateral security on each real estate listed in the separate sheet (hereinafter “instant real estate”) for the Defendant’s above loan obligations. On the same day, the Defendant, as the obligor, made the registration of the establishment of a collateral security (hereinafter “instant collateral security”).

3) Meanwhile, on February 15, 2011, the Defendant entered into a contract with B to set up a collateral with the maximum debt amount of KRW 4.2 billion with respect to the instant building, and filed a registration of establishment of a mortgage over the maximum debt amount of KRW 5.8 billion with respect to the instant building on the 16th of the same month following the following day. (B) At the time of the progress of the auction procedure for the instant building and the conclusion of the instant agreement execution contract, the instant building was in progress with the Suwon District Court, due to the decision to commence a voluntary auction procedure as of November 10, 2009 (hereinafter “instant auction procedure”), and G reported the lien on November 2, 2012 on the ground that the instant building had a claim for construction cost equivalent to KRW 652,381,909 with respect to the instant building at the auction court.

2 In the auction procedure of this case, Nonparty H received a decision to permit the sale of 7.2 billion won on July 23, 2013 at the auction procedure of this case, and the same year, which is the deadline for the payment of money borrowed from a financial institution.

9.6. There was an attempt to pay the price by June.

However, due to the lien reported by G, it was difficult to grant a loan from a financial institution.