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(영문) 광주고등법원(전주) 2017.07.13 2016나12040
근저당권말소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the part ordering the implementation of the cancellation registration procedures below.

Reasons

1. Basic facts

A. The plaintiff is a company established for the purpose of establishing and operating a sanatorium for older persons, and E is a person who served as the representative director of the plaintiff.

B. The Plaintiff completed the registration of the establishment of a mortgage over each real estate listed in the separate sheet Nos. 1 and (2) owned by the Plaintiff to Defendant B, under the Jeonju District Court’s Net Registry No. 4380, Jun. 9, 2011, the Plaintiff completed the registration of the establishment of a mortgage over the debtor E and the maximum debt amount of KRW 250,500,000. Furthermore, the Plaintiff provided the Defendant B with additional security for each real estate listed in the separate sheet No. 3 through 11 owned by the Plaintiff, as of October 18, 2011, the Plaintiff completed the registration of the establishment of a mortgage over the obligor E and the maximum debt amount of KRW 250,500,000,000,000 to the obligor E and the maximum debt amount of KRW 1 and 2 of the Plaintiff’s attached list No. 4380, Jun. 9, 2011.

In addition, the Plaintiff provided Defendant D with additional security for each of the real estate listed in the separate sheet Nos. 3 through 11 owned by the Plaintiff, and completed the registration of creation of a mortgage on October 18, 201, which was received on October 18, 201 by the same registry office, as the obligor E and the maximum debt amount of KRW 195 million.

3) The Plaintiff completed, as of March 14, 2012, the establishment registration of a mortgage consisting of the debtor F, E, and the maximum debt amount of 30 million won, on each of the real estate listed in the separate sheet owned by the Plaintiff, to Defendant C with respect to each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter the Defendants’ name), the establishment registration of a mortgage and the subsequent collateral security is deemed to be “each of the Defendant’s surrounding mortgage and mortgage security,” and the Defendants’ respective surrounding surrounding mortgage and mortgage security are collectively “each of the instant surrounding mortgage and mortgage security”.

(c) Defendant B, at the beginning of the auction, shall be one’s own right to collateral security.

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