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(영문) 서울중앙지방법원 2019.05.01 2018가합515437
근저당권말소
Text

1. As to each real estate listed in the attached list to the Plaintiff, the Defendant shall make a registry office of the Seoul Central District Court on June 2004.

Reasons

The following facts do not conflict between the parties, or may be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 2-4, 6, 11, and Eul evidence Nos. 1 and 8.

The pertinent 39 persons, including C, etc. related to the possession of each of the instant stores, completed the registration of transfer of ownership on April 10, 2003, under Article 19094 of the Seoul Central District Court Jung-gu Branch Registry of the Seoul Central District Court (hereinafter referred to as the “Branch Branch Registry”) received on February 10, 2002 with respect to each of the 1/39 shares of each of the real estate listed in the separate sheet E (hereinafter referred to as “E”) among the 1/39 shares of each of the real estate listed in the separate sheet (hereinafter referred to as “each of the instant stores”).

C Of each of the instant stores, C completed the registration of ownership transfer by reason of the trust held on April 15, 2003, No. 20374, which was received by the mid-term Registry on April 15, 2003.

As to each of the stores of this case, the Plaintiff completed the registration of transfer of ownership on the ground of sale as of May 29, 2017 by the Jungbu Registry No. 22573, Jun. 1, 2017.

On July 20, 2002, F agreed to borrow KRW 150 million from the Defendant to “in the event of failure to pay rent, E would be entitled to preferential deduction from the shares on the 5,6, and 7th floor,” and G participated in the agreement as a observer.

G assumed the obligation to borrow money (hereinafter “the obligation to borrow money of this case”) pursuant to the above agreement against the Defendant by F in the course of selling part of the right to operate the E commercial price to the Defendant or conducting development projects together with the Defendant.

C On June 10, 2004, on each of the stores of this case, which were owned by the Defendant and the Defendant at the time, concluded a contract to establish a mortgage (hereinafter “mortgage of this case”) that covers the Defendant with a maximum of KRW 345 million with respect to each of the stores of this case within the scope of KRW 35 million with respect to the maximum debt amount.

The defendant is about each of the stores of this case according to the contract to establish the right to collateral security of this case.

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