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(영문) 광주지방법원 2018.11.23 2018가합54212
근저당권말소등기의 회복등기절차이행청구
Text

1. The Plaintiff:

A. As to each real estate listed in the separate sheet, Defendant B shall provide the Gwangju District Court’s net support on January 2018.

Reasons

1. Basic facts

A. On April 20, 2015, E completed the registration of ownership transfer in the name of husband F with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On April 30, 2015, with respect to each of the instant real property, the registration of the establishment of a neighboring mortgage-holder C, F, and the maximum debt amount of KRW 500,000,000, and the registration of the establishment of a neighboring mortgage-holder F, the debtor F, and the maximum debt amount of KRW 500,000,000 (hereinafter “the registration of the establishment of a neighboring mortgage-holder”) as indicated in paragraph (a) of Article 1 of the Disposition was completed in the same order.

C. On November 6, 2015, the provisional registration of the right to claim ownership transfer was completed in Defendant B’s future on the basis of the provisional registration on January 6, 2016, and the principal registration of the right to claim ownership transfer was completed in Defendant B’s future on the basis of the provisional registration on January 6, 2016. Defendant B entered into an agreement with E on January 7, 2016 to complete the registration of ownership transfer of each of the instant real estate in the name of a third party designated by E or E at any time upon request by E.

After December 2, 2016, the registration of provisional seizure in the amount of KRW 265,200,000 was completed with respect to each of the instant real property. On January 30, 2018, the registration of cancellation as to the registration of the establishment of the creation of the neighboring real property in the instant case was completed on January 30, 2018, and on February 13, 2018, the registration of the establishment of the neighboring real property in the instant case was completed as KRW 52,000 with regard to Defendant D, the debtor, the maximum debt amount of KRW 52,000,000.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-1 and 2-2, the purport of the whole pleadings

2. Since the registration of the establishment of a mortgage near the Plaintiff’s assertion was cancelled improperly, Defendant B, the registered titleholder of each real estate of this case, is obligated to implement the procedure for the registration of the restoration of the establishment of a mortgage near the instant real estate, and Defendant C and D are registered as to the procedure for the registration of the restoration.

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