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(영문) 서울북부지방법원 2016.06.23 2014가합8411
근저당권설정등기등 말소
Text

1. Some of the claims against Defendant B and C for cancellation of the registration of the establishment of a neighboring mortgage against Defendant B and C.

Reasons

1. Basic facts

A. On November 27, 2009, E purchased the land indicated in paragraph (1) of the attached Table from the Plaintiff and completed the registration of ownership transfer in order to conduct a business of newly constructing and selling high-class houses on the ground of the land listed in paragraphs (1) and (2) of the attached Table 1 (hereinafter “instant land”). On the ground of the instant land, E newly constructed a building listed in paragraph (3) of the attached Table (hereinafter “instant building”) and completed the registration of ownership transfer on June 22, 2010.

B. E borrowed money through Defendant B, C, etc., and set up a collateral security (hereinafter “mortgage-mortgage-mortgage”) of KRW 1,350,000,000 for the maximum debt amount as of December 9, 2009 to Defendant B and C, Anyang Branch of the Suyang Branch of the Suwon District Court, No. 30813, Dec. 9, 2009, with regard to the instant land, and the Plaintiff’s consent, who is the registered titleholder, appears to have been obtained.

As to the building of this case, Defendant B established the right to collateral security (hereinafter “right to collateral security”) of KRW 1.5 billion with the maximum debt amount as of June 30, 2010 with the same registry office (hereinafter “right to collateral security”). Defendant B and C transferred part of the right to collateral security (right to collateral security) to Defendant D on November 18, 2010 on the ground of partial transfer of the right to collateral security (right to claim KRW 90 million) and completed the registration of partial transfer of collateral security (right to claim KRW 2145, Nov. 18, 2010) with the same registry office as of November 18, 2010.

(B) Of the land portion, the remaining collateral security remaining in Defendant B and C is the remaining collateral security; the collateral security transferred to Defendant D is the collateral security prior to the instant case’s transfer); [The grounds for recognition] the confession (in the case of Defendant C), the non-contentious facts; the entry in the evidence No. 1-3; the purport of the whole pleadings (in the case of Defendant B and D), and the purport of the whole pleadings (in the case of Defendant B and D).

2. Determination on the lawful requirements of the instant lawsuit (ex officio)

A. Defendant D, among the Plaintiff’s claims for cancellation of the registration of the establishment of a neighboring mortgage against Defendant B and C.

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