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(영문) 서울고등법원 2018.08.23 2018나2017721
근저당권말소
Text

1. The Plaintiff’s appeal against Defendant C, D, E, and F and the Plaintiff’s right to collateral security against Defendant B is KRW 240,00,000.

Reasons

1. Scope of adjudication of this court;

(a)The following facts are clear in records:

1) In the first instance trial, the Plaintiff is the co-defendant G in the first instance trial (hereinafter “G”).

(1) On January 10, 208, with respect to each real estate listed in [Attachment 2 List 3 through 8], the former State District Court performed the procedure for registration of cancellation of each registration of the establishment of a neighboring mortgage completed on January 10, 2008 by receipt of No. 1407 on January 10, 2008 and the real estate listed in [Attachment 2] No. 40492 on July 10, 2008, with respect to each real estate listed in [Attachment 2] No. 3 through 8, with respect to the former State District Court, the former State District Court: (a) performed the procedure for registration of cancellation of each registration of the establishment of a neighboring mortgage, which was completed on July 10, 2008; and (b) as to each real estate listed in [Attachment 2] No. 1407 on January 10, 2008, the former State District Court, G, the debtor C, D,

(B) As to the real estate indicated in the No. 9 List No. 2 of the attached Table No. 2 against Defendant B, E, and F, which is part of the secured debt, jointly pays the amount of damages of KRW 100,00,000,000 and the amount of damages for delay thereof, the amount of damages for which is part of the secured debt, and the amount of damages for delay thereof, shall be the amount of damages for the real estate indicated in the Attached Table No. 2 of the attached Table No. 40492 on July 10, 208, the amount of maximum debt shall be 300,000,000

(2) jointly pay the amount of damages of KRW 200,00,000, which is a part of the secured debt, and the amount of damages for delay, to the Defendant B and C, together with the amount of damages of KRW 98,797,830, and the amount of damages for delay thereof, and ③ each claim against the Defendant B for the payment of KRW 400,000,000 and the amount of damages for delay thereof (hereinafter each claim is specified by the sequence).

(2) The first instance court dismissed the part of the claim against G among the above claims, and accepted both the conjunctive claim against Defendant B, C, and D related to the first priority mortgage and the second priority claim against Defendant E, and F.

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