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(영문) 대구고등법원 2014.09.04 2013나3492

근저당권설정등기말소

Text

1. The plaintiff's change in exchange for each real estate listed in paragraphs 2 and 3 of the annexed list of real estate.

Reasons

1. Basic facts

A. On September 202, 202, C Co., Ltd. (hereinafter “C”) completed the construction of the building E, an aggregate building composed of the three underground floors and the 13th floor above the ground and the apartment building (hereinafter “E building”). On October 15, 2002, each real estate listed in the registration of the aggregate building and the list of the attached real estate (hereinafter “each of the above real estate”) in the order of the list of real estate attached thereto, including the real estate listed in the list of the attached real estate (hereinafter “each of the above real estate”), the registration of the initial ownership was completed with respect to each part of the building E including the above real estate (hereinafter “each of the above real estate”).

B. Before completion of the building building E, Sheet C received several recommendations from Defendant Busan Central Saemaul Depository (hereinafter “Defendant’s safe”). On October 11, 2002, she concluded an agreement with Defendant’s safe to adjust the existing loans by means of substitute loan. On October 11, 2002, she concluded an agreement with Defendant’s safe to the extent of substitute loan, F (C representative director), G (C director), H (I representative director of the International Company who was the owner of the E-building site), J (IO representative director of the International Company), K (G’s wife), and L (F’s wife) with the debtor each 600,00,000, 330,000,000, 3330,000,000, interest rate of 17% per annum (17% per annum), 201, 2014, 2014.

(2) In order to avoid the limitation on the lending limit to the same person of the Defendant’s credit cooperative, the debtor was merely F, etc., and there is no dispute between the parties as to the fact that C is a substantial debtor for the loan of this case). 【Defendant’s credit cooperative completed the registration of the establishment of a neighboring building on the land of the building E in order to secure the substitute loan of this case. As seen above, the registration of the establishment of a neighboring building on October 17, 2002, is part of the E building’s commercial building.