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(영문) 대전지방법원 천안지원 2018.10.05 2018가합698
근저당권설정등기
Text

1. The defendant

A. The Daejeon District Court shall support the plaintiff A with respect to each real estate listed in the separate sheet (1).

Reasons

1. On February 7, 2017, the Plaintiffs to be indicated in the claim concluded a mortgage agreement with the obligor as to the real estate indicated in the attached list (1) of the attached list, which is owned by the Defendant, with the maximum debt amount of KRW 450,00,000, and the obligor as the Defendant. On the same day, upon the completion of the registration of the real estate indicated in the attached list (2), entered into a contract with the obligor to register the creation of the additional real estate

Accordingly, each Plaintiff completed the registration of establishment of a new mortgage in the order of the same priority, under the Act No. 8549, which was received on February 15, 2017, with regard to the real estate listed in the attached list (1) of the Daejeon District Court according to the above mortgage contract.

Since the defendant did not obtain approval from the competent authority for the use of the real estate stated in the separate sheet (2) as to the real estate stated in the separate sheet (2), the plaintiffs completed the registration of subrogation on the real estate as of June 23, 2017, but did not complete the registration of establishment of additional facilities as the expiration of the period of prescription

Therefore, the plaintiffs demanded the defendant to perform the registration of establishment of additional facilities under the registration agreement for establishment of additional facilities on February 7, 2017 with respect to the real estate stated in the attached list (2) of the attached list, but did not comply therewith. Thus, the plaintiffs forced to file a lawsuit to seek the same judgment as the purport of the claim.

2. Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act).

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