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(영문) 수원지방법원 2016.07.12 2015가합5340

근저당권말소등기절차이행

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs, as a woman, shared the respective ratios of Plaintiff A3/5 and Plaintiff B2/5 with respect to the land of this case (hereinafter “instant land”) of 5,438 square meters (hereinafter “instant land”).

B. On September 4, 2012, the Plaintiffs agreed to set up a right to collateral security on the instant real estate as security for the Defendant’s goods payment obligation against the Defendant, and the Defendant, Co., Ltd. (hereinafter “E”) agreed to set up a right to collateral security on September 5, 2012. On September 5, 2012, the Plaintiffs completed the establishment registration of collateral security (hereinafter “instant right to collateral security”).

C. On March 21, 2014, the Defendant applied for voluntary auction of the instant land based on the instant collateral security.

On March 24, 2014, the procedure of voluntary auction of the instant land was commenced as F of Suwon District Court, and the court auction bank Co., Ltd paid the sale price on June 18, 2015 and completed the registration of ownership transfer on June 24, 2015, upon obtaining a decision to permit sale of the instant land at the above auction procedure.

[Ground for Recognition: Facts without dispute, Gap evidence 3, 7 evidence, evidence 20 evidence 1 and 2, purport of the whole pleadings]

2. The plaintiffs' assertion

A. Although the instant right to collateral security had to be cancelled pursuant to the agreement on cancellation of the right to collateral security, the Defendant did not implement the registration procedure for cancellation, and instead applied for voluntary auction based on the instant right to collateral security, thereby acquiring the ownership of the instant land in the auction procedure and losing the ownership of the Plaintiffs.

Therefore, the defendant has a duty to compensate the plaintiffs for damages caused by the damage.

B. The non-existence or extinction 1 E merely purchased goods from G in a business relationship with the Defendant, and there is no fact that the Defendant or the Defendant bears the goods sales liability against H, a company run by the Defendant. Thus, the instant right to collateral security (hereinafter referred to as the “instant right to collateral security”).