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(영문) 서울중앙지방법원 2016.06.03 2015가합543639
근저당권말소
Text

1. The part of the instant lawsuit regarding the claim for cancellation of the registration of collateral security shall be dismissed.

2. The plaintiff (appointed party).

Reasons

1. Basic facts

A. Attached list among each real property of this case

1. Co-ownership of real estate B (public land portion 4370.51/57/57) and C (public land portion 1380.16/57/50.67) and entry in the same list;

2. In the case of real estate, entry of the same list as the selected person D; and

3. For real estate, entry into the same list as the Selection C’s ownership; and

4. The real estate was owned by B.

They concluded a mortgage contract with the above company in order to secure the obligation to the Hanyeong Telecom Co., Ltd. (hereinafter “Gangyeong Telecom”), and completed the joint establishment registration of mortgage of KRW 2.1 billion with the maximum debt amount (hereinafter “the creation registration of mortgage of this case”) on each real estate of this case by the Incheon District Court No. 6072, Apr. 30, 2003 (hereinafter “the creation registration of mortgage of this case”).

B. On July 3, 2007, KS Co., Ltd.: (a) divided the manufacturing business sector (including the basic contract relationship with the instant collateral security right and the Gangwon Telecom) and established the Defendant Company (the former trade name: KS Energy Co., Ltd.).

After all, on July 1, 2008, the registration of the establishment of each of the instant neighboring mortgage was completed on the registration of the Busan District Court Branch Branch, No. 103193, Jul. 1, 2008, and on July 3, 2007, the additional registration of the transfer of the right to collateral security (hereinafter “each of the instant registered collateral security transfer”) in the name of E-Energy Co., Ltd. (i.e., the Defendant’s trade name prior to the change), and the registration of the same and the additional registration of the change of the right to collateral security (hereinafter “each of the instant registered collateral security transfer”) on the ground of an overlapping contract acceptance (debtor E) on July 1, 2008, respectively.

(c) currently in the attached list;

1. For real estate, C (shared share 1145.16/57/50.67), the Plaintiff, the Appointed, the F, the Selection G, the Appointed H (each of the above four co-ownership shares 517.975/57/ 5750.67), I, the Appointed J, the Appointed K (each of the above three co-ownership shares 1035.95/17253.01), and the same list;

2. The real property is real property D.

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