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(영문) 서울북부지방법원 2015.09.24 2014가합2840
근저당권설정등기말소
Text

1. The plaintiff (Counterclaim defendant)'s respective principal suit against the defendants and the defendant (Counterclaim plaintiff, designated party) shall be dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. As to each building listed in the separate sheet (hereinafter referred to as “instant building”), registration of preservation of ownership has been completed in the name of the Plaintiff A.

B. Regarding the building listed in attached list Nos. 6, 3431, received on January 18, 2013 from the Seoul Northern District Court (Seoul Northern District Court (Seoul Northern District Court) No. 3431, Nov. 29, 2012; as to the building listed in attached list No. 7, the Seoul Northern District Court (Seoul Northern District Court) No. 87914, Dec. 30, 2013; as to the building listed in attached list Nos. 8, 2013, the reason for sale; as to the building listed in attached list No. 8, the Seoul Northern District Court (Seoul Northern District Court) No. 84926, Dec. 9, 2014; as to the building for sale due to compulsory auction on November 26, 2014; as to the building listed in attached list No. 12134, Mar. 13, 2013; as to the Plaintiff’s title No. 9, the Seoul Northern District Court (Seoul District Court) No. 2013. 13. 13.

C. Meanwhile, with respect to the building of this case, the Plaintiff completed the registration of establishment of the Dobong District Court of Seoul Northern District on January 7, 2008 with the maximum debt amount of KRW 300,000,000,000, and the registration of establishment of a neighboring mortgage of the Plaintiff A (hereinafter “the first creation of a mortgage”) and the Defendant Construction Resource Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on January 7, 2008 with the maximum debt amount of KRW 1,00,000,000, and the debtor’s establishment of a neighboring mortgage of the Plaintiff Co., Ltd. (hereinafter “the second establishment of a mortgage”) as of January 7, 2008.

Defendant G and Defendant H completed the additional registration of change of the right to collateral security by changing the debtor to Defendant H on January 31, 2008 with respect to the registration of establishment of the right to collateral security on the first place of the establishment of a neighboring mortgage on January 31, 208. Defendant Company received the transfer of the confirmed claim from Defendant G on February 25, 2010, and

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