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(영문) 의정부지방법원 2017.08.18 2017가합50171
근저당권설정등기말소등기절차
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff received a title trust with D 6,383 square meters (hereinafter “instant land”) from his/her punishment E in Yangju-si, and completed the registration of ownership transfer, and the Defendant is the denial of F, the Plaintiff’s birth.

B. On December 7, 2005, E borrowed KRW 800 million from G, and on December 7, 2005, E created a collateral security (the maximum bond amount of KRW 800 million, the debtor, and the plaintiff (hereinafter “instant collateral security”) in the name of G with respect to the instant land.

C. On July 15, 2008, the registration of the transfer of the right to collateral security of this case was completed in the name of the defendant on the ground of transfer of contract.

The two Jeju Agricultural Cooperatives, the mortgagee of the instant land, etc., filed an application for voluntary auction on the instant land, etc. (the District Court C, hereinafter “instant voluntary auction”), and rendered a decision of voluntary auction on March 14, 2016.

E. On the date of distribution on December 27, 2016 of the instant voluntary auction procedure, the distribution schedule was formulated that both Jeju Agricultural Cooperatives received the dividends of KRW 2,120,238,29 as a mortgagee, the Defendant as a mortgagee, KRW 511,38,157 as a mortgagee, and KRW 545,832,109 as the Plaintiff’s owner.

F. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the total amount of dividends to the Defendant out of the said distribution schedule.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9 through 11 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 7, and 23, and the purport of the whole pleadings

2. The Plaintiff’s assertion G obtained from E on March 12, 2008 the ownership of the instant secured claim of the right to collateral of the right to collateral of the right to collateral of the right to collateral of the right to collateral of the right to collateral of the right to collateral of the right to collateral of the right to collateral of the right to collateral of the right to collateral of the right to collateral of the right to collateral of the right

F As a result, F is effective in the land of this case from January 1, 2008, the owner of the land of this case.

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