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(영문) 서울중앙지방법원 2018.03.08 2017가단77955
대위권에 기한 말소등기청구 등
Text

1. Of the instant lawsuit, the part of the claim against Defendant C shall be dismissed.

2. The plaintiff's defendant B, D, and E respectively.

Reasons

1. Basic facts

A. On July 1, 2011, Defendant B completed the registration of the establishment of a mortgage on each of the real estate listed in the separate sheet, with the obligor B and the maximum debt amount of KRW 75 billion, to Defendant B, with the joint collateral of each of the real estate listed in the separate sheet, with the obligor B and the maximum debt amount of KRW 195 million as the obligor B and the maximum debt amount of KRW 1.95 million.

(Defendant E completed the registration of partial transfer of the right to collateral security to F on January 17, 2017 on the ground of partial transfer of confirmed claim on January 13, 2017.

In addition, on August 31, 2011, Defendant B completed the registration of creation of each collateral (hereinafter “registration of creation of each of the instant units”) with each of the real estate listed in the separate sheet as joint collateral under Article 56415, including the contract to establish a contract on the same day as the grounds for registration, the debtor B, and the maximum debt amount as KRW 300 million.

C. On April 19, 2013, Defendant B completed the registration of the right to claim ownership transfer on April 18, 2013 with respect to the share of 2/3 of the real estate listed in the separate sheet Nos. 1 and 2 in the separate sheet Nos. 25460 to G, and the registration of the right to claim ownership transfer on April 18, 2013 with respect to the share of 1/3 of them.

G and H completed the registration of transfer of each of the above rights transfer claims on April 18, 2016 on the ground that the above registration office was transferred from No. 40350 to April 14, 2016.

In addition, on April 29, 2013, Defendant B completed the registration of each transfer of ownership right claim on April 29, 2013 with respect to each real estate listed in the separate sheet Nos. 3 and 4 to H as of April 29, 2013.

H on April 18, 2016, the registration of transfer of each of the above rights transfer claims was completed on the ground that the above registration office was transferred from April 14, 2016 to Defendant C as the above registration office No. 40352.

E. On April 14, 2016, the Plaintiff loaned KRW 6 million to Defendant B under the guarantee of Defendant C, and the Plaintiff also lent KRW 1 million to Defendant C on April 1, 2016 and KRW 4.5 million on May 6, 2016.

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