(영문) 대구지방법원경주지원 2016.09.02 2014가합3146

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(영문) 대구지방법원경주지원 2016.09.02 2014가합3146

근저당권말소

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1. The plaintiffs' claims against the defendant and the defendant acceptance intervenors are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. Plaintiff A is the owner of each of the real estates Nos. 1 through 73; Plaintiff B is the owner of each of the real estates Nos. 74 through 90; Plaintiff C is the owner of each of the real estates Nos. 91 through 103. Defendant is the owner of each of the real estates Nos. 1 through 103 (hereinafter “each of the instant real estates”). Defendant is the owner of each of the instant real estates (hereinafter “each of the instant real estates”). Defendant is the person who acquired part of the acquisition and transfer of the instant real estates Nos. 1 through 103 on the ground of a contract signed on December 24, 2013 with respect to each of the instant real estates Nos. 687, Dec. 26, 2013, which was concluded by the Changwon District Court, Masan Branch Branch Co., Ltd., Ltd., the joint mortgage (hereinafter “instant secured mortgage”). Defendant E is the person who partially completed the acquisition and transfer of part of the instant claim No. 175 billion won.3.

3) Meanwhile, the Plaintiff Company G (hereinafter “G”) that was a de facto operator was the owner of real estate (H hotel; hereinafter “non-party hotel”) No. 104 No. 104, and the Defendant was the mortgagee of the Daegu District Court’s racing support as of December 24, 2013 on the ground that the contract was concluded on the non-party hotel as of December 24, 2013. The Defendant was the mortgagee G and the maximum debt amount of KRW 2 billion (hereinafter “mortgage-mortgage”) of the debtor G and the maximum debt amount of the non-party hotel as of December 24, 2013. However, the non-party hotel was one bank (hereinafter “bank”).

On January 17, 2013, the ownership was sold on October 6, 2015 and the right to collateral security of the hotel was transferred to a third party.

Accordingly, G, who filed the instant lawsuit with the Plaintiffs, seeking the cancellation of the right to collateral security of the hotel, withdrawn the instant lawsuit on December 3, 2015.

(b) dated 30, 2012

유사 판례

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