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(영문) 대구지방법원 2016.04.14 2015나14714
근저당권말소 청구
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

Reasons

1. Basic facts

A. P, August 18, 1995, P, a permanent mutual savings and finance company (hereinafter “permanent mutual savings and finance company”)

(B) After entering into a contract to establish a comprehensive collateral mortgage with a permanent credit cooperative, N 1692m2 (hereinafter “instant land”) shall be deemed to have been established with the permanent credit cooperative at the time of permanent residence in North Korea.

As to the registration of establishment of a permanent resident registry of Daegu District Court (Seoul District Court No. 14705, Aug. 22, 1995), the maximum debt amount of KRW 900,000,000, and the registration of establishment of a neighboring mortgage of P (hereinafter “registration of establishment of a neighboring mortgage on the instant land”).

(2) On August 29, 195, the land of this case was purchased and completed the registration of ownership transfer on September 7, 1995.

In addition, on October 16, 195, the small bank distribution entered into a contract with P and permanent credit cooperatives of this case with the effect that the secured obligation of the land of this case is taken over by the small bank distribution, and completed the registration of the change of the right to collateral security with the content that the debtor of the establishment registration of the right to collateral security of this case is changed from P to the small bank distribution.

B. 1) The small-scale distribution of an aggregate building in the small-scale distribution is a Olet, a four-story apartment house, built of reinforced concrete structure on the ground of the instant land (hereinafter “instant building”).

(2) On May 2, 1996, on the following grounds: (a) on May 2, 1996, the construction of a bank distribution name and the registration of a site ownership corresponding to the ratio of the size of each section for exclusive use. (b) On April 24, 1996, the bank distribution concluded an additional contract between a permanent credit trust company and a permanent credit trust company on April 24, 1996 to add each section for exclusive use of the building of this case as the joint collateral of the land of this case to the joint collateral of the land of this case; and (c) on May 2, 1996, the above additional collateral mortgage contract was concluded with the permanent credit trust company on May 2, 1

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