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(영문) 서울북부지방법원 2014.12.11 2014가단16101
부동산소유권이전등기 말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a social welfare foundation established in accordance with the procedures prescribed by the Social Welfare Services Act.

B. On September 8, 2004, the Plaintiff completed the registration of ownership transfer on September 2, 2004 with respect to the land listed in attached Table 1 (hereinafter “instant land”).

Then, on August 11, 2005, the Plaintiff borrowed money from the Bank of Korea (hereinafter “Korea bank”), and completed registration of the establishment of mortgage of KRW 150,80,000 on each of the above real estate to Korea on August 16, 2005, the registration of the establishment of mortgage of KRW 139,20,000 for the maximum debt amount arising from the contract to alter the mortgage contract.

C. On September 6, 2006, the Plaintiff completed the registration of preservation of ownership of the building listed in attached Table 2 (hereinafter “instant building”) on the instant land. On March 3, 2010, the Plaintiff entered into a mortgage agreement with our bank to add the instant building to the Plaintiff as a security for the foregoing loan obligation, and on the same day, the Plaintiff completed the registration of establishment of a mortgage over the maximum debt amount of KRW 150,800,000 for the instant building based on the said additional contract.

On July 4, 2013, 2013, a limited liability company specializing in flexible oil securitization acquired loans, claims, etc. against the Plaintiff of a bank pursuant to the Asset-Backed Securitization Act, which was voluntarily decided to commence auction on July 5, 2013 by filing an application for voluntary auction of the instant land and buildings with the court D.

E. On February 11, 2014, the Defendant participated in the above voluntary auction procedure and received the decision to permit the sale of the instant land and buildings, and on March 31, 2014, paid in full and on the same day.

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