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(영문) 부산지방법원 2018.06.15 2017나47441
근저당권설정등기말소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. On July 27, 2015, the Plaintiff filed a claim against the Defendant for the registration of cancellation of the registration of the establishment of the establishment of the establishment of the establishment of the neighboring real estate listed in paragraphs (1) and (2) of the separate sheet, which was completed on July 27, 2015 by Busan District Court’s Busan District Court’s Busan District Court’s registry office, and (2) as to the real estate listed in paragraph (3) of the separate sheet, which was completed on July 23, 2015 by receipt No. 56646. The first instance judgment dismissed the part of the claim for cancellation of the registration of the establishment of the establishment of the neighboring real estate listed in paragraphs (1) and (2) of the separate sheet and cited the part of the claim for cancellation of the registration of the establishment

Therefore, since only the plaintiff appealed, the object of this Court's adjudication is limited to the claim for cancellation of the registration of the establishment of the above mortgage on each real estate listed in the attached Tables 1 and 2.

2. Basic facts

A. The Plaintiff received each real estate listed in paragraphs 1 and 2 of the attached Table 1 (hereinafter “each of the instant real estate”) from the Busan District Court for KRW 93,939,000 in the auction procedure, and completed the registration of ownership transfer in the name of the Plaintiff on January 23, 2015.

B. As to each of the instant real property on July 27, 2015, the Busan District Court received the Busan District Court’s Busan District Court’s registration office for creation of the right to collateral security (No. 5241) and completed the registration of establishment of the right to collateral security (No. 5241).

(hereinafter “instant collateral security”). C.

On March 10, 2016, the Defendant acquired the instant right to collateral security from G and completed the supplementary registration before the instant right to collateral security on March 11, 2016.

On the other hand, the Plaintiff sold each of the instant real estate to M on June 16, 2016, and completed the registration of ownership transfer on June 21, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence Nos. 10 and 23 (including branch numbers, if any) and the purport of the whole pleadings

3. The plaintiff's assertion

(a) 1.

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