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(영문) 대구지방법원 2013.04.26 2012가단43116
근저당권말소
Text

1. All of the plaintiff's claims shall be dismissed.

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

Reasons

1. Basic facts

A. On April 28, 2008, the registration of transfer of ownership was completed under the Plaintiff’s name on April 28, 2008 with respect to the real estate listed in [Attachment List No. 1] (hereinafter “C”), and on July 9, 2008, the registration of transfer of ownership was completed on the ground of “exchange on July 1, 2008.” (b) As to the real estate listed in Annex No. 1 List No. 2 (hereinafter “E”), on June 4, 2008, the registration of transfer of ownership was completed under the Plaintiff’s name on July 9, 2008.

C. Meanwhile, on June 4, 2008, the registration of establishment of a collateral security was completed on three occasions, which is the debtor D, creditor’s “F organization”, and the grounds for registration “contract on June 4, 2008.” On July 18, 2008, the registration of establishment of a collateral security was completed on the ground of the “acquisition of a contract on July 18, 2008.”

【Reasons for Recognition】 Evidence No. 18, Evidence No. 18, Evidence No. 1, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff filed a claim under paragraph (1) of this Article, the Daegu District Court, Daegu District Court, and the Daegu District Court, which completed the registration of the alteration of the right to collateral security (3) as of July 18, 2008, pursuant to the Act No. 18677, shall be deemed to be “the creation of collateral security”, and the grounds for registration shall be deemed to be “the modification of the right to collateral security (3)” from “the acceptance of a contract on July 18, 2008” to “the contract to be executed on April 24

In order to correct any error or omission in part of the existing registration from the time of registration, where such registration does not coincide with the substantive relationship, the relevant part of the existing registration shall be corrected or supplemented so as to correct it, and the registered titleholder may solely file an application with the registrar for registration of real estate or for registration of correction of the indication of the registered titleholder (Article 23(5) and (6) of the Registration of Real Estate Act), and the application for correction of the grounds for registration, such as the purport of the claim.

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