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(영문) 부산고등법원 2016.04.28 2015나2188
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 2, 2003, the Defendant borrowed KRW 3,000,000,000 from Han Bank Co., Ltd. (hereinafter “One Bank”) as a corporate loan.

(hereinafter “instant claim”). (b)

On the same day, the Han Bank completed the registration of creation of mortgage (hereinafter “mortgage”) with respect to the shares in the land owned by the Defendant in Jung-gu Seoul and the Seoul Central District and the shares in the land owned by the Defendant and the stores located in the fourth 8 through 60 of the above ground buildings (hereinafter collectively referred to as “instant real estate”; each of the shares in the instant site is referred to as “the shares in the instant site”; each of the stores is referred to as “the shares in the instant site”; and each of the stores is referred to as “the instant stores”).

C. Of the buildings in which the instant stores were located (hereinafter “instant building”), the fourth floor part was installed on the boundary of each store at the time when approval for use was obtained on May 1970, and was registered as a separate building independent of the building on the building management ledger, and the registration for ownership preservation was completed as a separate building on the registry. The Defendant, on May 2, 2003, performed remodeling construction after acquiring the ownership of the instant real estate on November 20, 2003, after acquiring the ownership of the instant real estate, was combined with the instant stores and the instant 4th floor owned by H, which were part of the 4th floor of the instant building, as one store, and was used as bath, soup, soup, bathing, and hyke.

The Han Bank applied for a voluntary auction on August 2, 2004 with respect to the instant real property, and the same month.

3. The Seoul Central District Court I rendered a decision to commence the auction.

(hereinafter referred to as “instant auction procedure”. E

On December 15, 2004, while a limited liability company specializing in global but one-way securitization took over the instant bonds from one bank and is proceeding with the auction procedure, the auction court revoked the auction procedure on September 13, 2005 on the ground that the instant stores were incorporated into one store and thus legally destroyed, and on the decision of revocation.

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