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(영문) 부산지방법원 2014.05.16 2013가합20505

근저당권말소등기의 회복등기절차이행 등

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1. The debtor who is the receiver B of the defendant rehabilitation company and the main industry development company.

Reasons

1. Basic facts

A. The circumstances leading up to the completion of the registration of establishment of a mortgage in the name of the plaintiff 1) The non-party Jeju Industrial Development Co., Ltd. (hereinafter referred to as the "non-party company before and after the commencement of rehabilitation procedures") shall be limited to the "

) The apartment of the 15th floor above the 5th floor and the 2nd floor above the 5th apartment on the Busan B-gu and the 5th floor (hereinafter “the apartment of this case”).

(2) On July 29, 2005, the Minister of Land, Infrastructure and Transport concluded a mortgage agreement with the Plaintiff to provide each of the buildings listed in the separate sheet as joint collateral between the Plaintiff and the Plaintiff as a part of the instant apartment as a joint collateral, and completed the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “registration of the establishment of each of the instant apartment”) as stated in paragraph (1) in the order of the Plaintiff as to each of the buildings listed in the separate sheet as stated in the order of the Plaintiff on the same day.

B. 1) Real estate security trust and commencement of rehabilitation procedures for each building, etc. listed in the separate sheet of the development of the Jeju Racing industry were changed on March 10, 2009 into the Defendant International Trust Co., Ltd.

The term “Defendant International Trust” refers to “Defendant International Trust”

(B) The apartment of this case, including each building listed in the separate sheet, was entrusted to Defendant International Trust and entered into a real estate security trust agreement with the beneficiary designated as E and four persons (after the change in the above real estate security trust agreement, the beneficiary became 22 persons.

(2) The Changwon District Court on October 16, 2009 held that each of the buildings listed in the separate sheet on June 24, 2008 completed the registration of ownership transfer under the name of the defendant international trust on the ground of the above trust.