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(영문) 부산지방법원 2015.05.26 2014가단72148
소유권보존등기말소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff purchased the instant site and the instant site from D on January 28, 2003 to KRW 2.75 billion from October 21, 2002 in order to newly construct an aggregate building of the 15th underground floor and the 15th ground surface (including the real estate stated in the attached list; hereinafter “instant building”). The Plaintiff purchased the instant site and the instant building from D on January 28, 2003 to KRW 1.425 million.

B. In order to raise the price for the purchase of the instant site, the Plaintiff borrowed KRW 2.4 billion from the Mapo Mutual Savings Bank (hereinafter “Co., Ltd.” in the name of all corporations) and KRW 690 million from the flus Mutual Savings Bank. In order to secure loan obligations, the Plaintiff created a collateral security right of KRW 3.12 billion with each maximum debt amount, and KRW 90 million with respect to the instant B site, in the case of flus Mutual Savings Bank, the Plaintiff created a collateral security right of KRW 3.12 billion with respect to each of the instant site.

C. On February 13, 2003, the Plaintiff delayed repayment of the principal and interest of the loan even after the maturity date. On August 19, 2003, the Plaintiff received a new collateral security (the maximum debt amount of the instant site as collateral for the said loan obligation) from the Plaintiff, which was additionally established with regard to the instant site. In addition, the Plaintiff and the contractor at the time of the construction of the instant building, made the Plaintiff enter into an implementation agreement (hereinafter “the instant implementation agreement”) with the content as follows, which provides the instant building under construction as collateral. In order to preserve the implementation of the instant implementation agreement, the Plaintiff and the Plaintiff were issued a report on the change of the owner of the building, written consent to the change of the owner of the building, written consent to the change of the owner of the building, written consent to the construction permit (execution right), written consent to transfer and waiver of the building permit (execution right), written consent to transfer and takeover of the building, and written waiver

[Written Agreement on Implementation of this case]

1. The Plaintiff and the leading industry development are to Korea Mutual Savings Bank.

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