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(영문) 서울중앙지방법원 2020.11.25 2018가단5198922
근저당권말소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On July 16, 2014, Nonparty D entered into a sales agreement with Nonparty E-building housing association (hereinafter “Non-Party D”) for the sale of one floor G and Hho commercial buildings among the buildings constructed in the Daejeon mid-gu 3305 square meters (hereinafter “instant site”).

B. At around November 2004, I Co., Ltd., a contractor for the construction of the said new building, commenced the construction, but ceased to exist on July 3, 2005 due to the shortage of funds, and transferred the right to the said construction to J around October 2006.

J re-established the construction work around November 6, 2006.

C. On May 2, 2007, the non-party union obtained a loan of KRW 4.58 billion from K Co., Ltd. (hereinafter the trade name was changed to C Co., Ltd.; hereinafter the “C”) to raise the above construction cost, and completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 6.412 billion as of May 2, 2007 with respect to the portion owned by the non-party union among the instant land as of the Daejeon District Court No. 30362, May 2, 2007.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) D.

The non-party association newly constructed a building of the second and the second floor above ground (hereinafter “instant building”) on the instant site, and underwent a pre-use inspection on or around March 2008, and completed the registration of initial ownership by section of exclusive ownership on June 20, 208.

The purpose of the instant building G and H heading (hereinafter “each of the instant stores”) is to acquire the ownership of 15.8733 percent of each of the instant sites owned by the Nonparty Cooperative. The instant building G and H heading (hereinafter “instant stores”) did not cancel the registration of the establishment of the ownership of the instant neighboring premises, which was completed with respect to each of the instant shares, even if the sales price was paid by Nonparty Cooperative D in full.

E. On November 8, 2010, D completed the registration of ownership transfer for each of the instant stores based on the above shopping mall sales contract. The Plaintiffs purchased each of the instant stores from D 1/2 shares, and completed the registration of ownership transfer on September 30, 2015.

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