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(영문) 수원지방법원 안산지원 2014. 11. 11. 선고 2014가단102586 판결
근저당권말소[국패]
Title

Cancellation of Mortgage

Summary

Since it can be recognized that the secured obligation of the right to collateral security remains, the personal clothes of Defendant Company’s bankruptcy trustee are obligated to cancel the registration of establishment of the right to collateral security in this case, and the Defendant Republic of Korea, which has already completed the registration of seizure of the right to collateral security on which the secured obligation has already been extinguished, has the duty to express his/her consent as a third party having interests in the registration

Cases

2014 Ghana 102586 De-mortgage

Plaintiff

Co.*

Defendant

Korea

Conclusion of Pleadings

October 30, 2014

Imposition of Judgment

November 11, 2014

Text

1. As to real estate listed in the separate sheet, with respect to the Plaintiff (Appointed), the Appointed Party, and the Designating Party:

A. The registration procedure for cancellation of the registration of the collateral security establishment completed on September 6, 2007, No. 45290, is performed by Suwon District Court, Suwon District Court, Suwon District Court, Seoul District Court, and the registration of the collateral security establishment was completed on September 6, 2007.

B. The defendant Republic of Korea expressed his intention of acceptance on the registration of cancellation of the establishment registration of the neighboring mortgage mentioned in the above paragraph (a).

2. The costs of lawsuit are assessed against the Defendants.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Facts of recognition;

A. The plaintiff (appointed party) and the selector are co-owners of the real estate listed in the separate sheet (each of 1/2 shares).

B. The LB, which operates a mutual company AAE, has been engaged in transactions with Defendant CCC Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”). due to the increase in the volume of the Guridong Line received from the Defendant Co., Ltd., the security was demanded from the Defendant Co., Ltd. due to the increase in the volume of the Guridong Line, and the security was made by the Defendant Co., Ltd. to secure the above claims. In order to secure the claims of the Defendant Co., Ltd, the Suwon District Court, the Suwon District Court, the Suwon District Court, the Suwon District Co., Ltd., the Suwon District Co., Ltd., as the receipt on September 6, 2007, the registration of the establishment of a collateral security (hereinafter referred to as the “mortgage”) was completed with respect to the real estate indicated in the separate list owned by the Claimant Co., Ltd., the Defendant Co., Ltd., the Defendant Co., Ltd.

C. Meanwhile, on July 19, 2012, Defendant Republic of Korea completed the registration of seizure of the right to collateral security (right to collateral security) with the same registry office No. 0000 on July 19, 2012.

D. The Suwon District Court declared bankruptcy against the Defendant Company as of February 14, 2011 20*** as an attorney in bankruptcy.

[Ground of recognition] A without dispute, entry of evidence No. 2, purport of the whole pleadings

2. Determination on the cause of the claim

According to the evidence No. 1-1, No. 2, and No. 3, the fact that the secured obligation of the instant right does not remain. As such, Defendant Company’s bankruptcy trustee is obligated to cancel the registration of the establishment of the instant right to collateral security, and Defendant Republic of Korea, which has completed the registration of the seizure of the right to collateral security for which the secured obligation has already been extinguished, is obligated to express his/her consent as a third party having interest in the registration of the cancellation of the registration of the establishment

3. Conclusion

Therefore, the plaintiff (appointed party)'s claim against the defendants is justified, and it is so decided as per Disposition.

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