(영문) 서울중앙지방법원 2015.04.29 2014가합530544

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(영문) 서울중앙지방법원 2015.04.29 2014가합530544

근저당권말소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 22, 2011, C entered into a contract to establish a mortgage (hereinafter “instant contract”) with D to establish a maximum debt amount of 300 million won with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by it, and completed the registration of the establishment of a mortgage (hereinafter “instant provisional registration”) with D on July 22, 201, under the receipt of No. 76661 (hereinafter “the instant registration”). On October 26, 2011, C entered into a contract with E for purchase and sale of each of the instant real estates, and completed the provisional registration of the right to claim a transfer of ownership (hereinafter “instant provisional registration”).

B. Next, with respect to the registration of the establishment of a mortgage of this case, the provisional registration of this case was completed on November 18, 201 as the receipt of No. 122599, Nov. 15, 201, with respect to the registration of the establishment of a mortgage of this case, and the provisional registration of this case was completed on November 18, 201 as the receipt of No. 122600, Nov. 15, 201, with respect to the registration of the establishment of a mortgage of this case, the additional registration was completed on November 18, 201, prior to the right to claim the transfer of ownership based on sale.

C. On the other hand, on May 20, 201, prior to the completion of the registration of the establishment of a mortgage and the provisional registration, the Plaintiff filed a lawsuit claiming damages against C, etc. (hereinafter “instant lawsuit seeking damages”). On March 30, 2012, the said court rendered a judgment that “C shall jointly and severally with F and jointly pay to the Plaintiff KRW 160,000,000,000,000 and the amount calculated at each rate of 20% per annum from the next day to the date of full payment.”

Meanwhile, on September 26, 2013, the Plaintiff applied for a compulsory auction for each of the instant real estate and received a decision to commence compulsory auction from the Jung-gu District Court G.

[Ground of recognition] There is no dispute.

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