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(영문) 서울고등법원 2015.07.03 2014나35374
근저당권말소
Text

1. Of the judgment of the court of first instance, the Incheon District Court regarding each real estate listed in the annexed list 53 to 55 against Defendant B, C, and F.

Reasons

1. We examine the part concerning the claim for the cancellation of the registration of the establishment of the creation of the creation of the neighboring mortgage of the Incheon District Court No. 48074, Jun. 10, 2005, as to the real estate listed in the separate list No. 53 through No. 55 against Defendant B, C, and D among the lawsuits in this case prior to the merits.

According to the evidence Nos. 26-1 to 3, each of the above real estate was registered under the name of the defendant B, C, and D, and there is no establishment registration of the establishment of the establishment of the establishment of the establishment of the Incheon District Court No. 48074 for each of the above real estate. It is recognized that the registration was not completed.

Therefore, each part of the lawsuit is unlawful.

2. Determination on the merits

A. Basic facts 1) The Plaintiff’s each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is referred to as “each of the instant real estate” and, when referring to individual real estate, “the instant real estate” in accordance with the separate sheet number.

(2) The Plaintiff borrowed 400 million won from the Defendants at an interest rate of 3% per month on June 2005, and set up a collateral security right as follows with respect to each of the instant real estate in order to secure the above borrowed money.

3) On June 10, 2005, the Plaintiff completed the registration of creation of a mortgage on each of the instant real estate on July 13, 2005 with regard to the following real estate except for the real estate Nos. 53 through 55 of the Incheon District Court’s receipt by the North Incheon District Court (the maximum amount of claims KRW 320 million), Defendant B (the maximum amount of claims KRW 160 million), Defendant C (the maximum amount of claims KRW 160 million), and Defendant D (the maximum amount of claims KRW 160 million) with regard to each of the instant real estate on July 13, 2005, the Plaintiff completed the registration of establishment of a mortgage on each of the instant real estate as the Defendant C (the maximum amount of claims KRW 530 million) (the maximum amount of claims KRW 50 million), Defendant E (the maximum amount of claims KRW 150 million), Defendant B (the maximum amount of claims KRW 750 million) with respect to each of the instant real estate as the registration of establishment of a mortgage.

Defendant B, C, and D’s District Court in Incheon District Court No. 48074, the registration of the establishment of the mortgage and the Defendant.

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