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(영문) 서울중앙지방법원 2018.05.01 2017가단5132604

지상권설정등기 말소청구의 소

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1. The defendant, on March 3, 2006, filed with the plaintiff with the Suwon District Court, concerning the size of 756 square meters prior to Dongcheon-si B.

Reasons

1. Judgment on the plaintiff's claim

A. The Defendant (hereinafter “instant land”) (hereinafter “the Plaintiff”) is the Plaintiff’s (hereinafter “the Plaintiff”) as the character savings bank, and the Plaintiff’s trade name is changed to the OSB bank again into the OSB bank, and the Plaintiff is the Plaintiff’s 756 square meters prior to Dongcheon-si (hereinafter “instant land”).

(2) On February 28, 2006, on the ground of the agreement to establish a right to collateral security on February 28, 2006, the Suwon District Court of the Republic of Korea (Seoul District Court of the Republic of Korea), Anyang Branch of the Ansan Branch of the Family Court of the Republic of Korea, No. 1609 on February 28, 2006, and No. 1609 on February 28, 2006, under which C is the debtor, the maximum debt amount of KRW 3.45 million as the debtor for the construction of mountain Dong, and the maximum debt amount of KRW 3.5 million as the debtor.

Upon completion of a superficies contract on February 28, 2006, the registration of creation of superficies as stated in the Disposition No. 1722 at the same registry office on March 3, 2006 (hereinafter “the superficies of this case”).

(2) On January 8, 2007, the Defendant completed the registration of creation of a mortgage (hereinafter “the next priority mortgage”) in addition to the obligor C and the maximum debt amount of KRW 3.455 million under Article 174 of the same registry office, which was based on a contract to establish a mortgage on January 9, 2007 with the instant land, etc. as the joint collateral.

(2) Of the instant senior mortgages, the right to collateral security was cancelled on January 9, 2007 due to partial abandonment of the right to collateral security on January 8, 2007.

3) F with the instant land, etc. as the joint collateral, the establishment registration of a mortgage over the maximum debt amount of KRW 3,90,000,000,000,000 (hereinafter referred to as “advance-mortgage security”) was rendered on June 3, 2014 by the Suwon District Court, No. 75703, Jun. 3, 2014.

(4) After completion of the instant land: (1) Of each of the instant senior collateral mortgages, G with which a part of the right to collateral security was partially transferred; (4) (5) and (6) upon the request of H to which the right to collateral security was transferred.