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(영문) 수원지방법원 여주지원 2018.01.17 2017가합260
근저당권설정 말소등기
Text

1. The defendant,

A. As to each real estate listed in the separate sheet No. 1 for the plaintiff A:

B. Attached Table 2. to the plaintiff B

Reasons

1. Basic facts

A. On February 21, 2003 with respect to each real estate listed in the separate sheet No. 1-3 (hereinafter “each of the instant real estate”), the registration of ownership transfer was completed in the Plaintiff’s future on January 21, 201 with respect to each of the real estate listed in the separate sheet No. 1-3, and the registration of ownership transfer was completed in the Plaintiff’s future on August 23, 2012 with respect to each real estate listed in the separate sheet No. 3. 3.

B. On January 7, 2003, the establishment registration of a joint collateral security (hereinafter “instant collateral security”) was completed with respect to each of the instant real estate by the debtor B, the Seoul Mutual Savings Bank Co., Ltd. (hereinafter “Seoul Savings Bank”), the maximum debt amount of KRW 1,425,00,000 on the ground of the contract to establish a contract on January 7, 2003.

C. On November 2, 2009, Plaintiff B received the instant loan from the Seoul Savings Bank at maturity of KRW 426,000,000 as of June 27, 2010.

On January 13, 2011, the Seoul Savings Bank transferred the instant loan claim and the instant collateral security with the secured claim to the Defendant, and around that time, notified the Plaintiff B of the said transfer.

Accordingly, on January 17, 201, with respect to the instant right to collateral security, the supplementary registration of the right to collateral security was completed in the future against the Defendant.

The defendant's voluntary auction below September 29, 2016, based on the right to collateral security of this case, is the voluntary auction of this case.

(2) On September 30, 2016, upon application, each of the instant real estate was decided to commence voluntary auction on September 30, 2016 (this case’s ownership transfer registration No. 46319, Oct. 10, 2017) (hereinafter “each of the instant real estate transfer registration”) with respect to each of the instant real estate after being awarded a successful bid for each of the instant real estate in the instant voluntary auction procedure on September 20, 2017.

Upon completion of the contract (the fact that there is no dispute over the basis for recognition, Gap evidence 1-5, and 9 respectively.

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