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(영문) 서울중앙지방법원 2016.02.16 2014가합23954
근저당권말소등
Text

As to the share of 1/2 out of the F 2,086 square meters in Yeongdeungpo-gu, Chungcheongnam-gu, and Defendant C Co., Ltd., the Plaintiff Co., Ltd.

Reasons

Basic Facts

Plaintiff

B With respect to the real estate set forth in Paragraph 2 of the Disposition No. 2, which is owned by the Plaintiff B (hereinafter, Plaintiff B) (hereinafter, the instant real estate No. 1), the order No. 2, which was made between the Defendant C Co., Ltd. (hereinafter, the Defendant Co., Ltd) and the debtor H Co., Ltd. (hereinafter, the Nonparty Co., Ltd.) on September 26, 2013, based on the contract concluded by September 25, 2013.

After the completion of the registration of the establishment of a neighboring mortgage (hereinafter referred to as the "registration of the creation of a superficies of this case") and the registration of the creation of a superficies of this case mentioned in the same paragraph (hereinafter referred to as the "registration of the creation of a superficies of this case"), the registration of the creation of a superficies of this case was made on September 25, 2013 in the name of the defendant E on the same day, the registration

The supplementary registration of the transfer of superficies (hereinafter the supplementary registration of the transfer of superficies) stated in the claim was completed, and the additional registration of the transfer of superficies stated in the above paragraph (hereinafter the supplementary registration of the transfer of superficies) was completed with respect to the registration of the creation of superficies.

Plaintiff

With respect to the real estate set forth in Section A(1) of the Disposition A (hereinafter referred to as “Plaintiff A”) owned by the Defendant Company on October 18, 2013, the order No. 1 of the Disposition B, which was made by the obligor I, based on the same day contract in the future of the Defendant Company on October 18, 2013.

After the completion of the registration of the establishment of a neighboring mortgage (hereinafter the registration of the establishment of a neighboring mortgage No. 2 of this case) as stated in paragraph (1), the order No. 1-B of this case was made on October 18, 2013 as to the registration of the establishment of a neighboring mortgage on the same day by Defendant D.

The supplementary registration of the transfer of the right to collateral security (hereinafter the supplementary registration of the transfer of the right to collateral security) was completed.

On January 22, 2014, the voluntary auction (JJ) commenced upon Defendant D’s application regarding the instant real estate No. 2, and on January 23, 2014, the voluntary auction (JJ) started on January 23, 2014 upon Defendant E’s application.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 8, 9 (including paper numbers), Eul evidence 3, 9.

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