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(영문) 대구고등법원 2017.12.13 2016나25554
근저당권말소
Text

1.In accordance with the changes in the trial and the participation of the defendant's acceptance intervenor, the judgment of the first instance is as follows:

Reasons

Basic Facts

The status of the plaintiff as a party is the owner of each real estate in the annexed list Nos. 1 to 73, the plaintiff B is the owner of each real estate in the annexed list No. 74 to 90, and the plaintiff C is the owner of each real estate in the annexed list No. 91

The Defendant is a mortgagee of a joint collateral security (hereinafter “instant collateral security”) with respect to each real estate set forth in the above Nos. 1 through 103 (hereinafter “each of the instant real estate”) based on the contract concluded as of December 24, 2013, which was concluded by the Changwon District Court rendered as of December 26, 2013, pursuant to the receipt of No. 68787, Dec. 26, 2013.

① Defendant Intervenor E (hereinafter referred to as “E”) in the first instance trial completed the supplementary registration of partial transfer of the right to collateral security (hereinafter referred to as “E”) from the Defendant on March 4, 2015, on the ground of partial transfer of the right to collateral security (700 million won). On October 14, 2016, the Defendant completed the additional registration of partial transfer of the right to collateral security (hereinafter referred to as “E”) with regard to the instant right to collateral security (hereinafter referred to as “instant right to collateral security”).

② On April 17, 2015, the Intervenor F of the first instance trial completed the additional registration of partial transfer of the right to collateral security (300 million won) from the Defendant on the ground of a partial transfer (transfer amount) of the claim established by the Defendant. On October 27, 2016, the Intervenor F of the first instance trial completed the registration procedure of cancellation of the said additional registration on the ground of the termination of the said transfer contract.

The defendant acquisition intervenor at the trial of the party is a person who completed the supplementary registration of partial transfer of the defendant's share concerning the mortgage of this case on October 12, 2016 on the ground of a partial transfer (transfer amount to KRW 800 million) of the confirmed claim from the defendant.

Meanwhile, the representative director G Co., Ltd., which was substantially operated by the Plaintiff A, is N, and the auditor was the Plaintiff A.

hereinafter referred to as "G"

the list No. 104 No. 104, real estate H hotel, hereinafter referred to as "non-party hotel").

The defendant was the owner of the non-party hotel G, and the defendant completed the contract as of December 24, 2013 with respect to the non-party hotel G on the ground of the contract to establish the contract as of December 24, 2013 and completed as of December 24, 2013.

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