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(영문) 서울중앙지방법원 2018.01.18 2017가단5146214
근저당권말소 회복등기청구 등
Text

1. The plaintiff's lawsuits against the defendant A, B, C, and D are all dismissed.

2. The plaintiff's defendant E, F, and K.C.

Reasons

1. Basic facts

A. Defendant A was the owner of 1,640 square meters of G forest land in Kimpo-si (hereinafter “instant land”). As to the instant land as to December 17, 2009, the Busan District Court Branch Kimpo-si, Kimpo-si, Kimpo-si, 2009, the obligor and the maximum debt amount were KRW 408,000,000, and completed the registration of creation of a new mortgage in the future of the Industrial Bank of Korea.

(hereinafter “instant 1-mortgage”). The instant 1-mortgage was changed to the 1/5 share of the instant land on the grounds of the renunciation of share on December 2, 2010, and the debtor was changed to Defendant D on June 3, 2014.

B. As to the land of this case, Defendant A completed the registration of creation of a mortgage over the Industrial Bank of Korea in the future with the obligor as Defendant B and the maximum debt amount at KRW 564,00,000,000, as of December 17, 2009, the Busan District Court Branch Kimpo-si, Kimpo-si, 209.

(hereinafter “instant 2-mortgage”). The instant 2-mortgage was changed to the 1/5 share of the instant land on the grounds of the waiver of share on December 2, 2010.

C. As to the land of this case, Defendant A completed the registration of establishment of creation of mortgage over the Industrial Bank of Korea in the future with the debtor I and the maximum debt amount at KRW 480,00,000,00 as the defendant Nos. 72962, Dec. 17, 2009, with respect to the Incheon District Court Branch of the Incheon District Court Kimpo-so

(hereinafter “instant 3rd mortgage”). The instant 3rd mortgage was changed to the 1/5 share of the instant land on the ground of the renunciation of share on December 2, 2010.

As to the land of this case, Defendant A completed the registration of creation of a new mortgage in the future of the Industrial Bank of Korea with the obligor J and the maximum debt amount KRW 516,00,000,000 as the obligor No. 72964, Dec. 17, 2009, the Busan District Court Branch of the Incheon District Court Kimpo-si, Kimpo-

(hereinafter “The instant No. 4”). The instant right to collateral security No. 4 was owned on December 2, 2010.

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