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(영문) 의정부지방법원 2019.09.26 2018가합55319
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) C is a real estate listed in the separate sheet on September 18, 2002 (hereinafter “instant commercial building”).

(2) On September 19, 2003, C completed the registration of ownership transfer for one-half portion of the instant commercial buildings on the ground of sale on August 15, 2003.

B. 1) C on September 18, 2002, the process of registering the establishment of the neighboring commercial buildings (hereinafter “D”) is as to the instant commercial buildings.

(1) The registration of establishment of a collateral security (hereinafter referred to as the “registration of a collateral security”) with the maximum debt amount of KRW 1,246,000,000 and the debtor C.

(E) On November 19, 2014, the registration of the foregoing right to collateral security was completed in addition to the change of the right to collateral security to the debtor on the ground of the acquisition of a contract on November 19, 2014. After that, the creditor of the right to collateral security was changed, E Company on November 18, 2015 (hereinafter “E”).

(2) On February 27, 2008, the additional registration of the transfer of the right to collateral security was completed on December 24, 2015, and on the ground that the transfer of the right to collateral security was confirmed on December 24, 2015, C had completed the registration of the establishment of the right to collateral security (hereinafter referred to as the “fourth-class registration of the right to collateral security”). On February 26, 2016, the additional registration of the transfer of the right to collateral security was completed in addition to the registration of the right to collateral security (hereinafter referred to as the “instant share”) with respect to one-half share in the name of the Plaintiff among the instant commercial buildings, the maximum debt amount was KRW 200,00,000, and the registration of the right to collateral security was completed on October 26, 2016.

C. On March 10, 2003, the registration process for the establishment of chonsegwon is 125.62 square meters among the instant shopping districts on March 10, 2003, the registration of the establishment of chonsegwon of KRW 100,000 for lease on a deposit basis (hereinafter “the registration of the first lease on a deposit basis”).

(2) On October 26, 2005, among the instant commercial buildings, the supplementary registration of the right to lease on a deposit basis was completed on March 4, 2014, and on October 26, 2005, the registration of the right to lease on a deposit basis of KRW 120,000,000 on the south of the instant commercial buildings was completed.

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