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(영문) 인천지방법원 2017.10.12 2017가단1966
근저당권등말소
Text

1. Plaintiff B’s lawsuit against Defendant D and Plaintiff (Counterclaim Defendant)’s main lawsuit against Defendant A, respectively.

Reasons

1. Basic facts

A. On December 4, 1995, G completed the registration of the establishment of a mortgage over KRW 30,000,000 with respect to the housing indicated in paragraph (1) of the attached Table No. 1 of the attached Table No. 1 (hereinafter “first house”), and H completed the registration of the establishment of a mortgage over KRW 30,000,000 with respect to the housing listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 4, 1995 (hereinafter “second house”).

(hereinafter “instant mortgage registration”). B.

Defendant D completed the lease registration on July 8, 2005 on the first house by the Incheon District Court 2005Kaman1737 on June 3, 2005.

(1) On October 15, 1991, Defendant E completed the lease registration on October 10, 2005 under the order of lease registration as to the second house as the Incheon District Court 2005Kaga1736 on September 28, 2005.

(Lease Deposit 16,00,000, 16,000, 1 May 1, 1994).

Plaintiff

B purchased the first house from G on December 20, 2016, and completed the registration of ownership transfer on January 4, 2017.

Plaintiff

A purchases the second house from H on December 20, 2016, and completed the registration of ownership transfer on January 4, 2017.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The plaintiff Eul's action against the defendant Eul and the plaintiff Eul's main action against the defendant Eul, and the plaintiff Eul's main action due to the main safety resistance of the defendant D's main action, and the house lease registration is considered to be reasonable by the court according to the tenant's application for the order of lease registration which was not returned after the lease was terminated, and the court made a decision on the order of lease registration and entrusted the registration to the competent registry. As such, in order to cancel the registration where the registration is completed on the basis of the court's order of lease registration, the court shall apply for cancellation of the order of lease registration and submit the certified copy of the court's decision to the executive agency for the cancellation of the execution.

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