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(영문) 인천지방법원 2018.11.02 2016가합55543
근저당권말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be incidental to the participation.

Reasons

1. The basic facts

Attached Form

1) E Co., Ltd. (hereinafter “E”) with respect to each real estate listed in the list;

F) The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) around June 18, 201, for which the representative director was the representative director, is the Intervenor.

) The Plaintiff (at the time, the trade name was “G Co., Ltd.,” but was changed on January 16, 2012 to “A Co., Ltd.”

(2) Each of the real estates listed in the separate sheet owned by the owner (hereinafter “instant real estate”).

(1) Around July 4, 201, the Intervenor applied for a loan of KRW 2,880,000 with 23 units of H building units as security, and the said money was loaned from the Intervenor (hereinafter “the instant first loan”).

(2) On July 4, 201, the Plaintiff concluded a mortgage agreement with the Intervenor regarding the instant real estate as the maximum debt amount of KRW 3,744,00,000,00 with respect to the instant real estate, and concluded a mortgage agreement with the obligor E and the Intervenor, and completed the registration of establishment of a neighboring mortgage by the Incheon District Court’s receipt of the registration office under Article 63515 on the same day (hereinafter “instant first neighboring mortgage registration”).

(2) On December 31, 2012, J, a representative director of I Co., Ltd. (hereinafter “I”), applied for a loan of KRW 440,00,000 to the Intervenor with the 23 units of H building, including the instant real estate, as security, around December 31, 2012, and received a loan from the Intervenor on the same day.

(2) On April 30, 2013, the Plaintiff concluded a mortgage agreement between the Intervenor and the Intervenor regarding the instant real estate with the maximum debt amount of KRW 572,00,000, the obligor I and the Intervenor as the Intervenor, and completed the registration of the establishment of the neighboring district court No. 26151 on the same day.

(B) The registration of the establishment of the establishment of the second place of the instant case is called the “registration of the establishment of the establishment of the establishment of the establishment of the creation of the establishment of each of the instant places of the instant case.”

The right to collateral security is transferred.

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