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(영문) 서울북부지방법원 2018.08.22 2017가단128296
근저당권말소
Text

1. The Defendants, on December 9, 2009, filed with the Plaintiff with the Suwon District Court, concerning the size of 13 square meters in Suwon-si D, Suwon-si.

Reasons

1. Facts of recognition;

A. (i) In order to establish each right to collateral security (i) purchase the said F land from the Plaintiff on November 27, 2009 and complete the registration of ownership transfer thereof on the instant land, to newly build and sell a house on the land of 165 square meters in king-si F and 161 square meters in G (hereinafter “instant land”), E newly build a two-story of reinforced concrete building (127.62 square meters in 127.62 square meters in 20, 74.7 square meters in 201, hereinafter “instant building”) on the instant land and complete the registration of ownership transfer thereof on June 222, 2010.

Luxembourg created funds necessary for the instant project through the Defendants, etc., and as a security, to the Defendants, the representative creditor of Suwon District Court, the Suwon District Court’s Ansan Branch, No. 30813, Dec. 9, 2009, set up a collateral security (hereinafter “mortgage-mortgage-mortgage”) of KRW 1350,000,000 for the maximum debt amount, and upon completion of the instant building, Defendant B created an additional collateral security (hereinafter “sub-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-

On the other hand, on November 18, 2010, the Defendants transferred part of the secured debt of the right to collateral security (90 million won in the transferred amount) to H on November 18, 2010 at the request of one of the creditors, and completed the registration of partial transfer of collateral security (2145 as of November 18, 2010 received on November 18, 2010 by the same registry office.

(B) Of the land parts, the remaining collateral security remains in the future of the Defendants, and the collateral security transferred to H is deemed to be the remaining collateral security (hereinafter “instant prior collateral security”).

(i) Each agreement on the instant project, etc. (i) but the instant project was not run smoothly, and thus, the recovery of claims by the Defendants, etc. is unsatisfyed, and the Plaintiff and the Defendants from E on March 21, 2012, respectively.

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