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(영문) 수원지방법원 2018.05.16 2017가단510603
근저당권말소
Text

1. As to the real estate listed in the separate sheet to the Plaintiff:

A. Defendant B, on July 2009, the Suwon District Court's Suwon District Court's registry office.

Reasons

1. Basic facts

A. C, on June 3, 2009, entered into a contract for the transfer and takeover of rights to D buildings between C and C and C between C and C and C and C in the form of replacing a down payment of KRW 440,000,000.

B. Upon the termination of the above contract for the transfer and takeover of rights, C assumed the obligation to return the down payment of KRW 440,00,000,000, and for this purpose, Defendant B completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”) as the Plaintiff’s son’s children on July 29, 2009, with respect to the secured claim for the repayment of the down payment deposit (hereinafter “instant real estate”).

C. On December 29, 2009, Defendant B completed the registration of the establishment of the instant right to collateral security (hereinafter “instant right to collateral security”) with the debtor’s non-party company and the amount of claim KRW 104,000,000 on the instant real estate, to Hyundai Swiss Mutual Savings Bank Co., Ltd.

B around August 5, 2010, around August 5, 2010, notified the Plaintiff of the establishment of the instant right to collateral security.

E. The instant right to collateral security was transferred to the Defendant Korea Asset Management Corporation and OSB Savings Bank through the Korea Asset Management Corporation and OSB Savings Bank (hereinafter “Defendant Company”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination

A. The plaintiff's assertion asserts that since the plaintiff fully repaid the secured debt of the instant right to collateral security, the defendant Eul and the defendant company are obligated to perform registration procedures for cancellation of the instant right to collateral security.

B. In full view of each of the statements and the whole purport of the arguments in Gap's 3-31 (including the number of each branch number) and the judgment, from July 21, 2009.

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