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(영문) 수원지방법원 2018.10.17 2018가단504803
근저당권이전등기 무효확인 등
Text

1. Of the instant lawsuit, the part of the claim for nullification of the registration of collateral security against the Defendants is dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. As to each of the instant real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”), including the creation and transfer of each of the instant collective security rights (hereinafter collectively referred to as “each of the instant real estate”), Defendant B completed the registration of creation of a neighboring mortgage (hereinafter referred to as “each of the instant collective security rights”) with the obligor D and the maximum debt amount of KRW 170 million on July 5, 2013; and Defendant C completed the registration of transfer of each of the instant collective security rights (hereinafter referred to as “registration of transfer of each of the instant collective security rights”) on October 18, 2013. The Plaintiff completed the registration on October 13, 2014 (Provided, That with respect to the real estate listed in the separate sheet No. 4, Oct. 30, 2014), each of the instant collective security rights (hereinafter referred to as “registration of transfer”).

As such, the nominal owner of each of the instant mortgages was changed in sequence to Defendant B, Defendant C, and Plaintiff.

B. On May 20, 2016, the auction procedure for each of the instant real estate was commenced. Each of the instant real estate was sold on or around January 2017. On February 23, 2017, 2017, the distribution schedule was prepared, which included the distribution of KRW 170 million to the Plaintiff in the auction procedure for each of the instant real estate in Sungwon District Court, Sungnam Branch Branch, Sungnam Branch, as well as the attached Tables 2 and 3. On February 23, 2017, the distribution schedule was prepared, which included the distribution of KRW 170 million to the Plaintiff. On the other hand, in the case of the auction for Suwon District Court, Sungnam Branch Branch, a branch court for each of the instant real estate in the attached Tables 1 and 4, the Plaintiff did not receive any distribution. 2) The real estate was sold through the said auction procedure

The registration of establishment and transfer of the right to collateral security stated in the paragraph was cancelled.

C. The defendant Credit Guarantee Fund, which is a creditor who has a claim for 47,494,726 won against the defendant C and damages for delay from December 29, 2000, shall be supported by the Suwon District Court on May 19, 2015.

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