beta
(영문) 수원지방법원 2021.02.10 2020가단540918

근저당권설정등기 부기등기 등 청구의 소

Text

The Defendant, as the Plaintiff

(a) Cheongju District Court with respect to shares of 1/2 of the real estate listed in the separate sheet.

Reasons

1. Changes in the legal relationship concerning each real estate listed in the separate sheet (hereinafter “each of the instant real estate”)

A. On December 15, 2005, the Plaintiff, and C, as to each of the instant real estate, on December 15, 2005, as to each of the instant real estate, the right to collateral security (hereinafter “right to collateral security”) (hereinafter “right to collateral security”) (hereinafter “right to collateral security”) (hereinafter “right to collateral security”) on each of the instant real estate as indicated in Articles 1 through (5), 7 through 11043, which was received by the Cheongju District Court Branch of the Cheongju District Court, on October 13, 2006, which was registered upon the transfer of ownership (hereinafter “registration No. 2”). < Amended by Act No. 7804, Oct. 13, 2006; Act No. 7803, Dec. 15, 2005; Act No. 78044, Oct. 16, 200; Act No. 7807, Mar. 30, 2006>

On November 21, 2007, with respect to the Plaintiff’s share (1/2) among each of the instant real estate, a collateral security, “the maximum amount of KRW 150 million against the Plaintiff, the Plaintiff, and the Plaintiff’s claim, and D, the mortgagee D,” is established. D.

Around August 201, the Republic of Korea (U.S. Tax Office, Dongwon-dong), seized the claim for the right to collateral security and made a seizure, etc. on the following grounds: (e) On January 22, 2014, with respect to the Plaintiff’s share (1/2) of each of the instant real estate upon a request for auction based on the priority collateral security after D, a voluntary auction procedure commences (U.S. District Court Incheon-Support E) (f) on August 20, 2014. On August 22, 2014, C acquires ownership during the said voluntary auction procedure. The purpose of the instant right to collateral security was changed to “the creation of a mortgage near A/C ownership No. 2” (hereinafter referred to as “instant change registration”) to “the creation of a mortgage near B/C ownership,” the registration of change of collateral security (hereinafter referred to as “the instant change”).

G. On October 20, 2014, the Defendant received the full amount of the amount reported with the secured claim of the instant right to collateral (102,889,135 won) from the Defendant, and D received the priority secured claim.