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(영문) 청주지방법원 2016.12.15 2016가단108366
근저당권말소
Text

1. The part of the claim for cancellation of the supplementary registration of mortgage transfer among the lawsuit in this case is dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on January 10, 1995 due to the inheritance by agreement and division as of November 3, 1987 with respect to 1/3 shares of 1/3 of the real estate listed in the separate sheet (hereinafter “instant land”).

B. As to the instant land, Jinju District Court, Jincheon District Court, 17079, received on September 20, 2006, the establishment registration of a mortgage (hereinafter referred to as the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed

C. On November 20, 2014, the Defendant acquired the secured debt of the instant right to collateral security from the Cheongcheon Mutual Savings Bank, and completed the supplementary registration of the instant right to collateral security transfer (hereinafter “additional registration of the instant right to collateral security transfer”) with the Jincheon District Court No. 6269, Apr. 6, 2015, which was received on April 6, 2015.

[Ground of recognition] Facts without dispute, Gap 6, 7, 8 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) issued a certificate of personal seal impression 1 as of June 2, 2006 and a certificate of personal seal impression 1 as of September 20, 2006 to the Defendant’s transferor, respectively, and submitted it to the Defendant Emb case Mutual Savings Bank. On September 20, 2006, the Emb case Mutual Savings Bank attached one copy of the above two certificates of personal seal impression issued by the Plaintiff to each application for registration, and attached one copy of each of the above two certificates of personal seal impression to the Plaintiff’s land in this case and the Seoan-gu, Seocheon-gu, Seocheon-gu, Incheon Metropolitan City B apartment 415 (hereinafter “

2) However, according to Article 55 of the former Rules on the Registration of Real Estate (wholly amended by the Supreme Court Regulation No. 2090, Oct. 29, 2007), a certificate of seal imprint attached to an application for registration is within three months from the date of issuance.

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