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(영문) 울산지방법원 2014.10.08 2014가단10501
근저당권부채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 23, 1999, C entered into a mortgage agreement with the Ulsan-gun District Court of Ulsan-do to secure all obligations, such as a loan deposit, which is currently or may be incurred in the future against the Ulsan-gun District Court (hereinafter “the instant mortgage agreement”) and completed the registration of establishment of a mortgage (hereinafter “the instant mortgage”) with the maximum debt amount of KRW 91 million as of the same day, as the registration of the Ulsan District Court and the receipt of the amount of maximum debt amount of KRW 71863.

B. On September 20, 199, the land before subdivision was divided into D, 314 square meters and B, 1626 square meters (hereinafter referred to as the “instant land and D land after subdivision”), and the Defendant, after subdivision on August 27, 2001, received a decision to voluntarily commence the sale of the instant land based on the instant right to collateral security, and was awarded a successful bid to a third party on July 2, 2002, and the registration of the establishment of the instant neighboring land was cancelled after subdivision.

C. On September 6, 2001, the establishment registration of the instant neighboring land was completed only on the ground that the error was made at the time of subdivision. D.

On July 3, 2006, the Ulsan Credit Union was bankrupt and the Korea Finance Corporation transferred the secured debt of the instant right to collateral security from the bankruptcy trustee in accordance with the asset transfer contract, and completed the supplementary registration of the transfer of the instant right to collateral security on September 21, 2006, and on January 10, 2009, the Korea Finance Corporation changed the name of the defendant.

E. The Plaintiff purchased the instant land from C and completed the registration of ownership transfer on August 5, 2008.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 6 and 11, the purport of the whole pleadings

2. The assertion and judgment

A. On November 13, 1999, after the division of the land before the Plaintiff’s assertion was divided, the secured debt of the instant right to collateral security was repaid, and the land and the real estate of two lots, 548m2 and 548m2, Ulsan-gun, Ulsan-gun, shall be loaned as joint collateral after the division.

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