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(영문) 서울중앙지방법원 2020.05.29 2018가합7998
근저당권설정회복등기절차이행등 청구의 소
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. Since April 14, 2004, Defendant C acquired ownership of each of the above real estate listed in the separate sheet (hereinafter collectively referred to as “each of the above real estate”).

B. As to each real estate of this case to E Association (hereinafter “E”), on May 16, 2005, Defendant C registered the establishment of a neighboring mortgage with the amount of KRW 2240,000,000,000,000,0000, the debtor C, and the mortgagee E as of May 19, 2005 under Article 42118 of the same Act, as of May 16, 2005, Defendant C registered the establishment of a superficies under Article 43485 of the same registry as of May 19, 2005 (hereinafter “the superficies of this case”); on April 18, 2006, under Article 35011 of the same registry as of April 18, 206, the registration of the establishment of a mortgage with the maximum amount of claims KRW 460,00,000,000,000,000,000,000,000,00.

(hereinafter referred to as “each of the instant senior mortgages”) in total.

As to each of the instant real estate, Defendant C completed the registration of the establishment of a neighboring mortgage to G on August 28, 2006, “The maximum amount of claims KRW 600 million, the debtor C, and the mortgagee G” under Article 77072, which was received on the same date as the same registry office.

On November 1, 2016, Defendant C completed the registration of the establishment of a mortgage on each of the instant real estate to H on November 1, 2016, under Article 101857 of the same registry office’s receipt of the same date as “the maximum amount of claims KRW 225 million, the debtor C, and the mortgagee H.”

(hereinafter collectively referred to as “each subordinate mortgage of this case”) D.

Since then, Defendant C, as a contractor, had the I Co., Ltd. (hereinafter “I”) progress with respect to each of the instant real estate as a new construction project for multi-family housing.

E, the mortgagee of each real estate of this case, is the District Court of the Republic of Korea, Goyang Branch of the District Court with respect to each real estate of this case.

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