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(영문) 서울동부지방법원 2015.08.27 2014가단11391
근저당권말소
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant received No. 5427 of March 22, 2013 from the Gwangju District Court.

Reasons

1. The fact that the establishment registration of mortgage under the name of the Specialized Construction Mutual Aid Association (hereinafter “D”) established on December 16, 2010 with respect to the Songpa-gu Seoul apartment 228 Dong 604 (hereinafter “Defendant apartment”) owned by the Defendant was completed with respect to the registration of the establishment of mortgage (hereinafter “Plaintiff apartment”), the registration of the establishment of mortgage under the name of the Specialized Construction Mutual Aid Association (hereinafter “Specialized Construction Mutual Aid Association”), as recorded in the attached list owned by the Plaintiff was completed on March 222, 2013 by the registration office of the Gwangju District Court, as the receipt of No. 5427, Mar. 22, 2013, and as the result of the agreement to establish a mortgage on December 17, 2010, and the registration of the establishment of mortgage was revoked by the registration office of the Plaintiff 200,000 won, and the registration procedure of the establishment of mortgage was revoked by the Plaintiff 1, 2013.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant right to collateral security is aimed at securing the Defendant’s damage that may arise to the Defendant due to the relevant mortgage on the Defendant’s apartment complex, which was provided as a security for the Defendant’s obligation to the D Specialized Construction Mutual Aid Association. If the possibility of damage to the Defendant is lost due to the cancellation of the registration of establishment of collateral security, the instant right to collateral security was naturally terminated, or upon cancellation of the registration of establishment of collateral security, the instant right to collateral security was also cancelled. In fact, it became final and conclusive on December 12, 2013 that there is no possibility of damage to the Defendant due to the cancellation of the registration of the relevant right to collateral security on the ground of termination, the registration of establishment of the instant right to collateral security should be cancelled.

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