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(영문) 의정부지방법원 고양지원 2018.02.08 2017가단9452
근저당권설정등기말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 30, 2010, K, 20814, which was received on April 30, 2010 by the Jan District Court for Goyang-gu, the Kan District Court established a joint collateral security of each joint collateral security of the obligor H, K, 472,360,000 won with respect to the instant land and neighboring land, and J land as prescribed by Article 30816 of the same registry office with respect to the same day, the Kan-si, the maximum debt amount of claims, KRW 1,287,860,00, and each joint collateral security of each joint collateral security was created by setting the debtor K, the maximum debt amount of claims 472,360,000 won.

(hereinafter referred to as “mortgage-mortgage-mortgage-mortgage” in each of the instant associations.

Defendant B, on October 22, 2014, transferred the right to collateral security under the name of the debtor K on the ground of a contractual transfer, and on January 19, 2016, transferred the right to collateral security under the name of the debtor H on the ground of a final claim transfer.

C. On the other hand, Defendant C created a joint collateral on the instant land by setting the obligor, E, the maximum amount of debt, 90,000,000 each of which was received on August 19, 2010, under Article 6034 of the Jyyang Branch Branch of the Jyyang Branch of the Jyyang Branch of the District Court on the instant land, etc., and E completed the registration procedure for transfer of ownership on the instant land to the Asian Trust Co., Ltd. on the same day.

On November 26, 2015, the Plaintiff rendered a judgment on the purport that “The Asian Trust Co., Ltd. (hereinafter “the Plaintiff”) with respect to the Plaintiff’s share 58.74 shares in the instant land (hereinafter “the Plaintiff’s share”) on April 30, 2010.” The Plaintiff completed the registration of ownership transfer on the Plaintiff’s share in the instant land on January 22, 2016 according to the above judgment.

【No dispute over the basis of recognition】 Each entry number of Gap’s evidence 1 through 4, 8, 9, 11.

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