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(영문) 대구지방법원서부지원 2015.11.05 2015가합909
근저당권말소
Text

1. The plaintiff's defendant Aju Capital Co., Ltd., the Credit Guarantee Fund's lawsuit and defendant NongHyup Co., Ltd.

Reasons

1. Facts of recognition;

A. The Plaintiff was originally owned by the Plaintiff, and the Plaintiff was divided into H apartment and I apartment, and sold as a rental house, respectively, on the ground of the said land. Of them, the buyer who purchased H apartment as a rental house was a buyer who purchased it as a rental house around 2007.

B. H apartment association establishment promotion committee established for the establishment of H apartment reconstruction association (hereinafter “committee”) and re-building owners filed a lawsuit for partition of co-owned property against the Plaintiff (I apartment owners) by dividing the land before partition into H apartment site and I apartment site, and the Daegu District Court 2007Gahap1313. On January 11, 2008, the above court issued a ruling of recommending reconciliation with the purport that “2,753 square meters of land before subdivision is jointly owned according to the proportion of co-ownership of H apartment owners, and the remainder of 6110.87 square meters shall be divided into the Plaintiff.” The above ruling became final and conclusive at that time.

Pursuant to the above decision of recommending reconciliation, the land prior to subdivision was divided into a partition of co-owned property as the 6,111 square meters, which was owned solely by the Plaintiff (hereinafter the above 6,11 square meters, which were owned solely by the Plaintiff) of Daegu-gu Seo-gu Seoul Metropolitan Government 22,753 square meters and F. 6,11 square meters.

C. Meanwhile, from among the lands before partition, the attached “share” column for each share as indicated in the separate sheet for the purpose of registration has been completed, seizure, provisional seizure, and establishment registration of a neighboring mortgage as to each share, and even after the partition of co-owned property, the land of this case owned by the Plaintiff was destroyed and existed

[Ground of recognition] In the absence of dispute over Defendant National Bank, Daegu Bank, Korea, and Ariju Capital Co., Ltd. (hereinafter referred to as “corporation name”), the respective descriptions of evidence Nos. 1 through 5, and the entire purport of the pleading, and the remaining Defendants’ non-litigations are subject to Article 208(3)1 and 208(3) of the Civil Procedure Act.

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