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(영문) 대구지방법원 포항지원 2018.11.09 2018가합218
말소등기
Text

1. To the Appointor F:

A. As to each building listed in paragraphs 1 through 3 of the list (attached Form 3), Defendant B Co., Ltd. shall be held on January 2016.

Reasons

1. Basic facts

A. G on January 16, 2008, with a claim of KRW 44,009,863 against H as the preserved right, G on January 16, 2008, the ownership of the land B-gu I (hereinafter “instant land”).

(2) A studio 5-story building on the ground (hereinafter “instant officetel building”)

(2) On January 17, 2008, G applied for provisional attachment on the instant officetel building and received a decision of provisional attachment from the above court on the 17th of the same month (Seoul District Court Branch Branch Office 2008Kadan148) (hereinafter “the instant officetel building”). The registration of provisional attachment was not completed as to the instant officetel building at the time of receiving the decision of provisional attachment as described in paragraph (1). This court completed the registration of provisional attachment under H ex officio as to the instant officetel building on January 17, 2008 (hereinafter “the first registration of provisional attachment”). The registration of provisional attachment was completed by the above court, and the registry established accordingly is “the first registration of this case”).

(3) On May 25, 2010, Defendant B (JB Co., Ltd. prior to the change) purchased the instant officetel building in the voluntary auction procedure (TW) on the instant officetel building on May 25, 2010, and completed the registration of ownership transfer on the title on the 26th of the same month.

4) On December 13, 2013, the Plaintiff entered into a mortgage agreement with Defendant B, the maximum debt amount of 350,000,000,000 won, the debtor B, and the plaintiff, the mortgagee, and the mortgagee. On October 17, 2014, the Plaintiff completed the registration of the establishment of the mortgage over the instant officetel building on the instant officetel building on the instant registry on the 17th of the same month. 5) On October 6, 2014, the Plaintiff transferred the secured debt of the right to collateral security that was completed on the instant registry, as in paragraph 5), and completed the registration of the establishment of a mortgage on the 10th of the same month, to the Seoul Western District Court on January 6, 2017.

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