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(영문) 부산지방법원 2016.09.21 2014가합52882
근저당권설정등기 회복등기 등
Text

1. The Plaintiff:

A. Defendant C shall register with the Busan District Court on the real estate stated in paragraph 2 of the attached Table No. 2 and March 2010.

Reasons

1. Facts of recognition;

A. As to the real estate listed in Paragraph (1) of the Attached List No. 1, which was owned by N, the registration of the Busan District Court on September 14, 2009 and the registration of the Busan District Court and No. 40963 on September 14, 2009, the establishment registration of a mortgage (hereinafter “registration of creation of a mortgage of this case No. 1”) consisting of the Plaintiff, the debtor, and the maximum debt amount of KRW 40,000.

(2) On August 24, 201, the registration of cancellation was completed on August 24, 201, by the same registration and receipt No. 53120, and on February 27, 2013, the registration of cancellation was completed on the grounds of sale due to voluntary auction as of the same date under the same registration and receipt No. 9215. (2) The registration of cancellation was completed upon the application for cancellation registration of Defendant M, a certified judicial scrivener who representing the Plaintiff and N, the mortgagee, the mortgagee, and Defendant M, the mortgagee, without verifying the intent of the Plaintiff as to the above cancellation, filed an application for cancellation registration after obtaining the registration certificate only from Defendant J without confirming the intent of the Plaintiff as the mortgagee, and Defendant J did not have obtained the Plaintiff’s consent or approval as to the above cancellation registration.

B. As to the registration of the real estate indicated in paragraph (2) of the attached Table No. 2, the registration of the Busan District Court and No. 40976 on September 14, 2009 regarding the real estate indicated in paragraph (2) of the attached Table No. 2, which was owned by Defendant B (hereinafter “the registration of the establishment of the mortgage No. 2”). The registration of the establishment of the creation of the mortgage (hereinafter “the registration of the creation of the mortgage No. 2”).

(2) On March 19, 2010, the registration of the Busan District Court and the registration of the cancellation of the registration of the establishment of a neighboring mortgage was completed as of March 19, 2010. On April 11, 2011, the registration of the Defendant C’s future and the registration of the transfer of ownership was completed as of March 24, 201 as of March 24, 2011. The registration of cancellation was completed upon the application for the cancellation registration of the registration of the establishment of a neighboring mortgage, which is a certified judicial scrivener representing the Plaintiff and the Defendant B, the mortgagee of the right to collateral security, as well as the registration of cancellation.

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