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(영문) 대구지방법원상주지원 2017.07.05 2016가단8854
근저당권이전등기말소 등
Text

1. Of the instant lawsuit, the part of the claim against Defendant C and the claim against Defendant B, are listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. Of each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), the registration of transfer was made in the name of D on April 3, 1996, in the name of E on November 16, 2004, and in the name of F on the same day. On November 16, 2004, the registration was made in the name of the Plaintiff, and on May 17, 1999 for the remainder of 1/2 shares, the registration was made in the name of Large Resource Development Co., Ltd. on July 4, 2007.

B. As to the portion of 1/2 of the instant real estate, the registration of creation of a neighboring mortgage to Defendant C was completed on July 4, 1996, the maximum debt amount of KRW 150 million, the debtor D, the mortgagee, and the mortgagee C (hereinafter “the registration of creation of a neighboring mortgage”); on November 20, 208, the additional registration was completed on November 17, 2014, the additional registration was completed on November 25, 2008, regarding the transfer of the right to collateral that is changed to Defendant B by the mortgagee to Defendant B; on November 25, 2008, the additional registration was completed on November 25, 2008 with regard to the remainder of 1/2 shares (hereinafter “the registration of establishment of a neighboring right to collateral security”).

C. As to the instant real estate, on December 16, 2010, the registration of creation of superficies that became the Defendant C with superficies (hereinafter “registration of creation of superficies of this case”) was completed (hereinafter “registration of creation of superficies of this case”), and on November 17, 2014, the registration of creation of superficies of which the superficiary changed to Defendant B was completed.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2-1, 3, 4, and 5 of Gap evidence, the purport of the whole pleadings

2. The plaintiff alleged by the parties concerned is a false representation of each contract to establish a mortgage and superficies contract, which are the basis of the registration of the establishment of a mortgage and the registration of the establishment of superficies. Each of the above contracts to establish a mortgage was terminated after the fact, and each of the above contracts to establish a mortgage was terminated after the fact that the secured claim was not established or terminated by the prescription.

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