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(영문) 서울중앙지방법원 2018.11.20 2017가단5073002

근저당권말소

Text

1. For the plaintiffs:

A. Defendant D shall have the respective share of 992/808 square meters among the 3140 square meters of F forest and G forest and 5668 square meters in Young-gu, Young-gu, Chungcheongnam-si and 568 square meters of forest.

Reasons

1. On January 11, 2000, after completing the registration of transfer of ownership under the name of the company and completing the registration of transfer of ownership on January 11, 2000 with respect to the first share, the following: (a) on December 18, 1999: (b) on the registration date of the establishment of a neighboring mortgage of KRW 35 million with respect to the maximum debt amount on the same day, the registration date for the establishment of a neighboring mortgage of KRW 35 million with respect to the first share was completed by the J on December 18, 199: (c) the registration date of the establishment of a neighboring mortgage of KRW 3140,000,000 on the same day.

1. On December 23, 1999, Defendant D completed the registration of establishment of a collateral security (hereinafter “mortgage 1”) with the maximum debt amount of KRW 13 million on the ground of a contract establishing a collateral security (hereinafter “mortgage 1”).

(2) In the event that the Housing Construction is completed on January 28, 2000 with respect to the shares 661/8808 (hereinafter referred to as "share 2") among F forest land and G forest land, the registration of ownership transfer from K shall be completed.

1. The establishment registration of a mortgage of KRW 234 billion (hereinafter “second-mortgage”) was completed on the ground of the 24.24. The Defendant E, who established a mortgage over the maximum debt amount of KRW 23.4 million.

7.24. L from L;

7.21.The supplementary registration prior to the second mortgage has been completed on the ground of transfer of the contract.

Since then, the Mine Housing Construction completed the registration of ownership transfer under the name of Jan. 28, 200 after adding some of the equity shares in F forest and G forest and completing the registration of ownership transfer under the name of Jan. 28, 200. However, the entire equity (including F forest land 15740/6914280, G1984/8080) was transferred to M, due to a final and conclusive judgment of Jan. 14, 2011, by absorbing J, which was filed a lawsuit for claiming ownership transfer registration against M as to acquiring the right to the first and second equity shares, etc. in lieu of the return of project funds lent to the Mine Housing Construction.

The Plaintiffs purchased from M on May 14, 2014 part of their respective shares (A 51879/69/6914280, 93642/12480936, B78715/6914280, and C 259846/6928/12480936, and C 259846/6914280 and 469018/12480936) in F forest and G forest and register the transfer of ownership.