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(영문) 수원지방법원 2017.12.21 2017가합12908
근저당권 설정등기
Text

1. On April 30, 2014, the Defendant, as to each of the real estate listed in the separate sheet No. 1 list, on the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. On February 10, 2014, the Defendant borrowed KRW 760,000,000 from the Plaintiff on February 10, 2014, and each real estate listed in the Plaintiff and the attached Table 1 (hereinafter “instant land”).

(2) On April 24, 2014, the Defendant entered into a mortgage agreement with the Plaintiff regarding the instant land (hereinafter “mortgage agreement”), and completed the registration of establishment of a mortgage (hereinafter “the Plaintiff”) around April 30, 2014 as the registration office of Suwon District Court, which received additional KRW 610,000,000 from the Plaintiff on February 13, 2014. The Defendant entered into a mortgage agreement with the Plaintiff on the instant land (hereinafter “the instant mortgage agreement”). On April 30, 2014, the Defendant completed the registration of establishment of a mortgage as the registration office of Suwon District Court, which was received on April 30, 2014 from the Plaintiff, pursuant to the registration office of Suwon District Court, pursuant to Article 69105, on April 30, 2014. However, the instant mortgage agreement included the content that “where the Plaintiff claims a new construction of a future building on the instant land

3) The Defendant is a building listed in the attached Table 2 list on the instant land (hereinafter “instant building”).

The Plaintiff newly built a new mortgage. Although the Defendant demanded the Defendant to establish an additional mortgage on the instant building, the Defendant did not complete the registration of preservation of ownership on the instant building due to the cost issue, and accordingly did not establish an additional mortgage on the instant building. 4) The Plaintiff filed an application with the Plaintiff for provisional injunction on disposal of real estate regarding the instant building as a preserved right against the claim for the execution of the establishment of a mortgage on the instant building. On November 9, 2015, the instant court rendered a provisional injunction against disposal of the instant building against the Defendant, and upon the request of the court for the provisional injunction registration, the registration of preservation of ownership on the instant building was completed on November 17, 2015.

[Ground of recognition] Unsatisfy, A(1) through (3)

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