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(영문) 수원지방법원안양지원 2015.06.12 2014가합105818
근저당권말소
Text

1. The defendant shall support the Suwon District Court with respect to the real estate stated in the attached list to the new Capital Co., Ltd.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and rearrangement project association established for the purpose of implementing a housing reconstruction project in the area of B B, 186,442 square meters, and C is the Plaintiff’s member, who is the owner of the real estate indicated in the attached list (hereinafter “instant real estate”). The Defendant completed the attachment registration based on the attachment (Saeaewa and 2555) on February 13, 2012, 3357, which was received on February 13, 2012, which was based on the Suwon District Court’s inner branch branch office, which was received on February 13, 2012.

B. On October 10, 2006, the Plaintiff entered into a loan agreement with the Plaintiff’s members to take out moving expenses, part payments, etc. related to the said reconstruction improvement project. Accordingly, on December 21, 2006, C entered into a loan transaction agreement with the New Capital Capital and 1.85% of the interest rate base rate, and the loan period from January 10, 2007 to December 30, 2010. To secure this, C took out a mortgage agreement with the intent to set up a new Capital under the name of the new Capital as of January 5, 2007, and obtained a loan of 10 million won from the new Capital around October 10, 2007.

C. C did not pay interest on the above loan from July 30, 2008, and upon the request of the New L capital Capital, the Plaintiff subrogated for KRW 114,083,835 on the aggregate of C’s principal and interest on the loan to the New Capital Capital on December 22, 2008 and the 31st of the same month.

As to the instant real estate, C completed the registration of initial ownership on December 10, 2010, and on December 20, 2010, C registered the establishment of a new mortgage (hereinafter referred to as the “registration of establishment of a new mortgage”) under the title “Contract concluded on January 5, 2007 and October 21, 2010, the maximum debt amount of which was due to the sale by a rearrangement project, KRW 132 million, and the “registration of the establishment of a new mortgage (right to collateral)” under the title “registration of the establishment of a new mortgage (right to collateral)” under the title “registration of the establishment of a new mortgage” as of December 20, 201.

As soon as possible, this case.

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