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(영문) 서울중앙지방법원 2018.09.18 2017가단5207829
근저당권말소
Text

1. The defendant shall register the plaintiff's share in the attached list with the Seoul Western District Court.

Reasons

1. Basic facts

A. The Plaintiff is a co-owner of the real estate listed in the separate sheet (hereinafter “instant real estate”). Of the instant real estate, the Plaintiff’s share was registered with the Seoul Western District Court on November 16, 201, and the registration of the Seoul Western District Court on the maximum debt amount of KRW 6562, which was received on November 16, 2010, and the registration of the establishment of the Defendant’s neighboring mortgage was completed due to the Defendant’s maximum debt amount of KRW 100 million (hereinafter “registration of the establishment of the instant neighboring mortgage”), and on July 25, 2017, an additional registration was completed in the name of the Republic of Korea (SUB) that seized the secured debt of the instant floating mortgage.

B. Meanwhile, the Plaintiff acquired ownership on January 14, 1981 and newly constructed a third-story building on the above ground, and completed the registration of ownership preservation on August 2, 1994. From that time, on February 28, 2008, owned the above site and its ground (hereinafter “non-owned real estate”) until ownership is transferred to C through sale and purchase.

On August 8, 2007, the provisional attachment registration of KRW 300,000,000,000,000,000 was completed on the separate real estate by the creditor C&S PPL company specialized in the second securitization. The provisional attachment registration was revoked on January 28, 2008 on the ground that the provisional attachment registration was revoked.

[Grounds for Recognition] Unsatisfy, Gap 1-4, Eul 1-2 (including each number), the purport of the whole pleadings

2. Determination

A. (1) Summary of the Plaintiff’s assertion (1) received a proposal for a project proposal for the distribution of agricultural and fishery products from D, a branch of store business for several years in the instant real estate, and D introduced the Defendant to raise the necessary project funds.

The Plaintiff and the Defendant set up a maximum debt amount at KRW 100 million on November 16, 2010 and agreed to lend the project funds to the Plaintiff from time to time by the Defendant, but there was no project promotion, and the Defendant eventually did not lend the project funds to the Plaintiff.

Ultimately, the right to collateral security of this case is any cause obligation.

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