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(영문) 서울중앙지방법원 2019.06.13 2019가합509224

근저당권말소

Text

1. As to the Plaintiff, Defendant C Co., Ltd., the Jongno-gu Seoul Metropolitan Government D 32.8 square meters and the E large 14.9 square meters.

Reasons

1. Basic facts

A. Defendant B is the owner of Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government 2,705m2.7m2 before division.

G on July 18, 2004, with respect to the part of Jongno-gu Seoul Metropolitan Government D 32.8 square meters and E large 14.9 square meters (However, the time of actual division was as follows, and the time of actual division was as of February 8, 2018; hereinafter “each of the instant lands”), a person completed the prescription for acquisition of possession, but the Plaintiff purchased each of the instant lands from G on January 18, 207.

B. On March 26, 2013, the Plaintiff filed a lawsuit with G on January 18, 2007 against G to the Seoul Central District Court for the performance of the procedure for the registration of ownership transfer on each of the instant land (the above court 2013 Gohap23735). The above court rendered a judgment accepting the Plaintiff’s claim on June 5, 2013, and the above judgment became final and conclusive on June 27, 2013.

On July 22, 2016, the Plaintiff filed a lawsuit against the Defendant B on July 18, 2004, claiming the implementation of the procedure for ownership transfer registration on each of the instant land by subrogationing G at the Seoul Central District Court (the above court 2016Gahap543537). The above court rendered a judgment accepting the Plaintiff’s claim on June 15, 2017, and Defendant B appealed on July 3, 2017.

In the appellate court of the foregoing case, on December 20, 2017, the decision of recommending reconciliation was finalized on the following grounds: “Defendant B shall implement the procedure for ownership transfer registration on July 18, 2004 with respect to each of the instant land by prescription acquisition.”

C. On July 4, 2017, between Defendant C and Defendant C, Defendant B entered into a collateral security agreement with the content that Defendant B would complete the registration of creation of a neighboring mortgage (the maximum bond amount of KRW 840,000,000) on the 2,705.7m2 in Jongno-gu Seoul, Seoul, to secure the Defendant’s obligation to Defendant C. As to the said land, the establishment of a neighboring mortgage agreement was completed under the name of Defendant C as of July 4, 2017, with the Seoul Central District Court’s Branch Office No. 28140, Jul. 4, 2017.

In February 8, 2018, this is from the Jongno-gu Seoul Metropolitan Government 2,705 square meters.