logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.05.31 2016가단300434
근저당권말소
Text

1. The plaintiff's claim against the defendant large-scale marine cooperative is dismissed.

2. The plaintiff against the defendant B.

Reasons

1. Factual basis

A. On June 12, 2006, the Plaintiff and the Intervenor completed the registration of ownership transfer on each of the real estate listed in the separate sheet (hereinafter “instant real estate”).

On the same day, the Plaintiff entered into a loan agreement of KRW 75,00,000 with the Defendant Large Line Fisheries Cooperatives (hereinafter “Defendant Suhyup”), and the Defendant Suhyup Union completed the registration of creation of mortgage over KRW 97,50,000 with regard to the entire real estate of this case as the secured debt (hereinafter “mortgage”).

On July 12, 2013, Defendant B completed the registration of creation of a neighboring mortgage of KRW 63,00,000 only with respect to the portion of the 1/2 portion of the Intervenor’s 1/2 portion among the instant real estate.

B. On October 29, 2015, the procedure for compulsory auction regarding the shares of the supplementary intervenor among the instant real estate was in progress, and the Plaintiff completed the registration of ownership transfer upon a successful bid on October 29, 2015, and on the same day, the registration of establishment of the ownership transfer of the instant real estate that was concluded by Defendant

C. In the distribution procedure of the above compulsory auction, the Defendant Suhyup Bank received a dividend of KRW 68,537,440 out of the total amount of the principal and interest of this case as a mortgagee of a right to collateral security in the distribution procedure.

On December 14, 2015, the Plaintiff repaid the loan of this case in full by repaying the remainder of KRW 3,800,145.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to Gap evidence 3, Gap evidence 4-2, the purport of the whole pleadings

2. The Plaintiff’s secured debt of the instant case’s assertion was jointly provided by the Plaintiff and the Intervenor with a loan to purchase the instant real estate and agreed to share one-half of the total debt. As such, the right to collateral security established on the part of the Intervenor’s share was executed.

arrow