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(영문) 서울중앙지방법원 2020.07.22 2018가합592465
근저당권말소
Text

1. The defendant shall pay to the plaintiffs 52.36/11302 of the Gangnam-gu Seoul Metropolitan Government CI large 2520 square meters of shares.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of Gangnam-gu Seoul Metropolitan Government CI large 2,520 square meters (hereinafter “instant land”).

B. On January 10, 2015, the instant land was divided into the Gangnam-gu Seoul Metropolitan Government CJ, CK, and CL site 113,002 square meters (hereinafter “instant land before the instant partition”); on the land before the instant partition, there exist many co-owners with 30 apartments, 30 buildings, commercial buildings, etc. on the ground of the instant land before the instant partition; and the establishment registration, etc. of neighboring land, which was established for the share ownership of the instant land before the instant partition, was transferred to the instant land after

C. CN, on October 18, 1989, as the owner of the instant apartment CMho Lake (hereinafter “instant building”) on the land before the instant partition, changed the trade name to “CG” of the Defendant (hereinafter “CG”) on October 10, 1996, and did not distinction before and after the instant amendment, and completed the registration of the establishment of a neighboring mortgage (hereinafter “the registration of the establishment of a mortgage”) with the maximum debt amount of KRW 9,90,000,000, which was the joint security against the instant land and the instant building, as the Seoul Central District Court’s registration No. 131161, which was the joint security against the instant building.

The registration of the establishment of a neighboring building of this case was revoked on December 12, 1990 by the Seoul Central District Court’s receipt of the registration No. 136204 on December 12, 1990, and thereafter the registration of the establishment of a neighboring building of this case was completed on October 22, 1993 under the name of CO as of September 15, 1993.

E. After the division of land, the registration of ownership in the CO name and the registration of the establishment of a mortgage in the neighboring land of this case were transferred with respect to the portion of 52.36/1130 of the land of this case, and the registration of the establishment of a mortgage in the neighboring land of this case still remains.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 59, 70 through 73 (including branch numbers) and the purport of the whole pleadings

2. The Plaintiffs are part of the board.

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