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(영문) 인천지방법원 2016.10.07 2015가합59876
근저당권말소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. C was the owner of each real estate listed in the separate sheet No. 1 on October 5, 2007. On October 5, 2007, the Incheon District Court received the Dongcheon Registry of the Incheon District Court on October 5, 2007, as the maximum debt amount of KRW 532,00,000,000, the debtor C and the mortgagee of the right to collateral security (hereinafter referred to as the “BF”) registered the establishment of a neighboring agricultural cooperative with the obligor and the mortgagee of the right to collateral security.

On August 30, 2011, the term “BFC” was transferred to the Plaintiff on the ground of “transfer of confirmed claim on June 17, 2011,” and the registration of transfer was completed on the ground of “transfer of confirmed claim on August 7, 2012,” and again, the registration of transfer was completed in the Defendant’s future on the ground of “transfer of confirmed claim on August 4, 2012.”

B. On March 2, 200, the Plaintiff acquired the ownership of the building listed in [Attachment 2 List No. 1], and on December 27, 201, the Plaintiff completed the registration of ownership transfer (hereinafter “instant trust registration”) with the Seoul Central District Court’s registration No. 78715, Dec. 26, 201, for the Defendant on December 27, 201.

[Ground of recognition] Evidence No. 10, Evidence No. 12-1 to 17, Evidence No. 49, and Evidence No. 3 and 11

2. The Plaintiff’s assertion was made by the Defendant on October 2013, 2013, and (1) recognized that the Plaintiff was subrogated by the Plaintiff for the secured debt of Bupyeong Nonghyup Hyeng, which was the right to the secured debt and the right to the secured debt, and thus, the Defendant subsequently transferred the secured debt to the Plaintiff. (2) As the instant trust registration was promised to be cancelled, the Defendant was obligated to notify the Plaintiff that the Plaintiff was assigned to the Plaintiff, who is the debtor of the secured debt, the right to the secured debt, and to notify the Plaintiff that he was assigned the registration of the instant trust. (3) In so doing, the Defendant is obligated to cancel the instant trust registration.

3. Determination

A. The Plaintiff’s assertion is based on the Defendant’s written agreement (No. 20, hereinafter “instant agreement”).

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