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(영문) 수원지방법원 여주지원 2018.10.30 2018가단3139
근저당권말소회복
Text

1. The Plaintiff:

A. As to each real estate listed in the separate sheet, Defendant B shall make a two-dimensional registry office of the Suwon District Court.

Reasons

Facts of recognition

On February 24, 2012, Defendant B completed a share transfer registration as to 56,383/2 of each share out of 13,407 square meters of G forest land and 11,806 square meters of H forest land and 11,806 square meters of Gyeonggi-gun (hereinafter “Fri”) on February 24, 2012.

I, J, and K completed the registration of establishment of a neighboring mortgage (hereinafter referred to as the “registration of establishment of a neighboring mortgage”) by the Suwon District Court No. 38626 on September 9, 2013 as to the 56,382/272 shares of Defendant B among G and H forests on September 9, 2013.

The plaintiff will go from I, J, and K on November 5, 2014.

No. 48170 received on November 5, 2014, the Suwon District Court acquired the right to collateral security and the right to collateral security.

The supplementary registration of partial transfer of the right to collateral security (hereinafter “instant supplementary registration”) was completed.

The registration of the establishment of the instant neighboring mortgage was cancelled on November 4, 2015 by the Suwon District Court Yang Jong-gu Branch on November 5, 2015, which was received on November 5, 2015.

Since then, G and H land was divided into each real estate listed in the separate sheet, and Defendant E Co., Ltd. (hereinafter “Defendant E”) becomes the owner or co-owner of each real estate listed in the separate sheet Nos. 3, 4, 6, and 9, and Defendant D and C were co-owners of the real estate listed in the separate sheet No. 11.

(Reasons for Recognition) Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, the purport of the whole pleadings.

Judgment

With respect to the claim for cancellation registration, the Plaintiff completed the additional registration before the establishment registration on November 5, 2014, and the Defendant B applied for the cancellation of the establishment registration of the creation of the creation of the creation of the creation of the neighboring area to the Suwon District Court on November 4, 2015. The application documents include the Plaintiff’s certificate of termination, the power of attorney, and the information on completion of the registration. The fact that the establishment registration of the creation of the neighboring area was cancelled on November 5, 2015 is recognized either as seen earlier or as stated in the evidence No. 4 and the purport of the entire pleadings.

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