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(영문) 서울서부지방법원 2020.04.10 2018가단227431
근저당권말소등
Text

1. Defendant D Co., Ltd.: (a) on May 29, 2013, the Seoul Western District Court on the real estate stated in the separate sheet to the Plaintiff.

Reasons

1. As to the claims against Defendant B and C, the Plaintiff asserted that: (a) Defendant B and C received the establishment registration of a mortgage from the Defendant Company on the instant real estate from the Seoul Western District Court on May 29, 2013; and (b) it should be cancelled as it is a tort and anti-social juristic act; (c) according to the evidence No. 1, the Defendant Company received the registration of the establishment of a mortgage on the instant real estate from the Plaintiff on May 29, 2013 and completed the registration of the establishment of a mortgage under Article 22745 of the Seoul Western District Court’s receipt of the same date as the Seoul Western District Court on May 29, 2013, and completed the registration of the establishment of a mortgage on the instant real estate with the maximum debt amount of KRW 741,00,000,000, as stated in the attached Form No. 22745; (d) however, the above facts and the evidence alone are insufficient to acknowledge that the instant act of the establishment registration of a mortgage was against Defendant B and C’s.

Therefore, the plaintiff's claim against the defendant B and C is dismissed. It is so decided as per Disposition.

2. As to a claim against the defendant company

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deeming confessions: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act;

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