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(영문) 인천지방법원 2015.05.07 2014가합13224

근저당권부존재확인등

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party) and the appointed party.

Reasons

1. Basic facts

A. On January 19, 2004, the Defendant Savings Bank loaned KRW 600,000,000 to Nonparty B around January 19, 2004. At the time, B and Nonparty C were jointly owned as one-half shares of each of the instant land and its ground reinforced concrete building (hereinafter “former building”).

On January 19, 2004, the debtor B and the maximum amount of debt amount of KRW 825,00,000 have been registered. 2) B and C removed the old building for the purpose of constructing an aggregate building around 2006, and on April 20, 2006, the construction was commenced on July 26, 2006 with a construction permit for an aggregate building on the land of this case, but the construction was interrupted due to financial shortage.

B. The conclusion of a sales contract between B, C, and D and the completion of buildings 1) B, and C on August 13, 2007, Nonparty D Co., Ltd. (hereinafter “D”).

(2) On May 21, 2008, the provisional attachment registration of the E in the name of the above building was completed on September 5, 2007, and on September 28, 2007, D completed the construction of the above building and changed the name of the owner of the building on September 28, 2007, as to the completed building (hereinafter “the building in this case”) under D’s commission by the designated party E, the creditor of the above building, and registered the preservation of ownership under D’s name on May 21, 2008.

C. From the date of the cancellation of a sales contract and ownership of land, D did not pay the purchase price under the above sales contract, and the above sales contract was cancelled on November 26, 2007, and the Seoul High Court Decision 2008Na5262 decided on August 2, 2010 recognized this, the registration of transfer of ownership in the name of D on the instant land was cancelled on August 2, 2010. (2) Since then, B and C were the husband of C on November 18, 2010. < Amended by Presidential Decree No. 22506, Nov. 26, 2010>