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(영문) 부산지방법원 2017.06.16 2016가단333953
근저당권설정등기말소 등 청구의 소
Text

As to each real estate listed in the separate sheet, Defendant B shall be the Busan District Court's Busan District Court's on July 1, 2005.

Reasons

Facts of recognition

On August 1, 1991, the Plaintiff completed the registration of ownership transfer on each real estate listed in the separate sheet (hereinafter “instant real estate”).

On April 24, 2003, the Plaintiff acquired from Defendant C the right under the sales contract with respect to the D Apartment No. 119, 1006 of Busan Shipping Daegu (hereinafter “instant apartment”) from Defendant C, and completed the registration of ownership transfer on June 24, 2003.

On April 18, 2002, the Plaintiff completed the registration of creation of a mortgage over the instant real estate, each of which consists of the maximum debt amount of April 18, 2002, 60,000,000 won, the Bank of Korea (the Han light Bank prior to the modification), the 30,000,000 won with the maximum debt amount of April 23, 2003, and the Bank of Korea with the mortgagee.

(이하 ‘기존 근저당권’이라 한다). 피고 B(원고의 맏형이다)은 원고를 상대로 별지 목록 기재

1. The claim that the lease contract for the real estate (hereinafter “instant land”) was terminated, and the claim for the lease deposit of KRW 172,175,000 was made on January 8, 2005 and the payment order was finalized on January 3, 2005. Defendant C (Defendant B’s wife) applied for the instant order for payment of KRW 200,000,000 related to the instant apartment and was finalized on January 3, 2005.

(2) On July 1, 2005, Defendant B acquired the above existing collateral and changed the debtor to himself. On the other hand, Defendant B completed the registration of the establishment of a new collateral under the Busan District Court’s Busan District Court’s receipt No. 45645, the registration of the establishment of a new collateral (the maximum debt amount of the existing collateral) as the debtor, ② the registration of the establishment of a new collateral (the total debt amount of the existing maximum debt amount of the collateral) as the receipt No. 45646, ② the registration of the establishment of a new collateral (the maximum debt amount of the existing collateral) as the debtor, ② the registration of the establishment of a new collateral as the debtor was completed. Defendant C completed the registration of the establishment of a new collateral as the receipt No. 4654, the maximum debt amount of the existing collateral amount of the mortgage amount of KRW 250,0

hereinafter “each of the instant mortgages”).

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