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(영문) 서울중앙지방법원 2020.05.22 2019가합552327

근저당권설정등기말소등기절차이행청구등

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1. The Plaintiff:

A. Defendant B Co., Ltd. shall have the Suwon District Court as to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) was completed on April 1, 2009 with regard to each of the real estate listed in the separate sheet owned by Suwon District Court No. 60919, Apr. 1, 2009, which was received on April 1, 2009; the maximum debt amount of KRW 912,00,000,000; and the debtor D and the defendant B Co., Ltd. (hereinafter “B”); however, the defendant B completed the registration of establishment of a mortgage of this case on each of the real estate listed in the separate sheet as the ground of sale on April 1, 2009 by the same registry office No. 179108 (hereinafter “registration of ownership transfer”).

B. After the completion of the registration of ownership transfer of this case in the future of Defendant B, each of the real estate listed in the separate sheet was transferred in order to the Plaintiff’s future on October 9, 2009, in the future of the E Co., Ltd., the F Co., Ltd. on June 27, 2019.

C. ① On January 8, 2014, Defendant C attached the secured debt of the instant right to collateral security, and completed the additional registration of the seizure of the right to collateral security on January 10, 2014 as to each real estate listed in the attached list 1 through 5, and ② on May 4, 2016, Defendant C completed the additional registration of the provisional seizure of the right to collateral security on each real estate listed in the attached list as Seoul Central District Court 2016Kadan803742, upon receipt of the provisional seizure order as to the secured debt of the instant right to collateral security on May 19, 2016. ③ Defendant Korea seized the secured debt of the instant right to collateral security on September 1, 2015 and completed the additional registration as to each real estate listed in the attached list 2,5,6 each on November 24, 2017, and attached list 1, 3, 4, 3, and 4 each on each real estate.

[Based on the recognition] Defendant B Co., Ltd.: The fact that there is no dispute over Defendant C, C, and Korea, Gap evidence No. 1-6, the purport of the whole pleadings

2. If the ownership of the same thing as the other real right belongs to the same person, it shall be different.