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(영문) 대전지방법원 천안지원 2018.01.12 2016가합102248
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to each of the instant sections, the Plaintiff completed the registration of initial ownership on June 25, 199 by the Daejeon District Court Taean District Court (Seoul District Court Decision 9800, Jun. 25, 199).

B. On May 23, 1998, the Plaintiff: (a) each real estate indicated in the “Indication of Real Estate” as indicated in the separate sheet (hereinafter “each of the instant partitioned buildings”; and (b) each of the separate names is referred to as “each of the instant sub-sections”; (c) the Plaintiff completed the registration of the establishment of the establishment of the first-class collective housing (hereinafter “the establishment of each of the instant sub-sections”) with a total of 498 apartment units A, including the building No. 498 units (hereinafter “the instant apartment”) located in Chungcheongnam-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Daejeon District Court on June 25, 1999, received on June 25, 199, with respect to the apartment building No. 9801, the Plaintiff, the mortgagee, the Korea Housing and Commercial Bank, and the maximum debt amount of the mortgage amount of KRW 12,823,200,000.

After that, the Korea Housing and Commercial Bank was merged with the Defendant. The Korea Housing and Commercial Bank Co., Ltd. and the Defendant did not separate the Defendant, and “Defendant” (hereinafter “Defendant”).

On June 3, 2008, the Plaintiff entered into a sales contract to sell the instant building Nos. 1 through 6 to KRW 33,370,000, and KRW 32,000,000, respectively, between D and D on October 27, 2008. On July 3, 2008, the Plaintiff completed the registration of ownership transfer for the building subject to the said sale to B, and to D on November 6, 2008, respectively.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 4 (if there is an additional number, including a branch number; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. Determination as to the claim

A. The gist of the plaintiff's claim is that the plaintiff sold all of the apartment buildings of this case including each of the apartment buildings of this case, and transferred its ownership to several buyers, such as B and D, and that of this case against the defendant.

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