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(영문) 서울중앙지방법원 2014.10.02 2014가합31450
근저당권설정말소등기등
Text

1. The part of the plaintiff (appointed party)'s primary claim to confirm the existence of an obligation shall be dismissed;

2...

Reasons

1. The facts below the basic facts may be acknowledged by integrating each entry in Gap evidence Nos. 1 to 7 as a whole the purport of the entire pleadings.

The registration of ownership transfer was completed in the name of each network G with respect to each land listed in the attached Table 1 list, and among each land listed in the attached Table 2 list, the registration of ownership transfer was completed in the name of Defendant B with respect to the remaining land except the land of Gwangju City.

(hereinafter referred to as "each land of this case" with each land listed in attached Table 1 and each land listed in attached Table 2. (b)

On November 15, 2002, the establishment registration of a neighboring mortgage (hereinafter referred to as the “establishment registration of a neighboring mortgage”) was completed with respect to each land of this case by the Suwon District Court, Sung-nam Branch of Gwangju District Court, 65516, which was received on November 15, 2002, with the maximum debt amount of 1,200,000,000,000 won, and with respect to the debtor F and the Korean Bank, the establishment registration of a neighboring mortgage (hereinafter referred to as the “establishment registration of a neighboring mortgage”) was completed with respect to each land of this case as of November 15, 200. The establishment registration of a superficies was completed from November 15, 2002 to the

(hereinafter referred to as the “registration of creation of superficies of this case”).

On June 8, 2006, Defendant E paid the principal amount of KRW 1,057,728,764 (=interest of KRW 57,728,764) to the Bank of Korea on behalf of F. F. D.

Defendant E completed the registration of transfer of the right to collateral security on June 14, 2006 with respect to each of the instant real estate by the Suwon District Court, Sung-nam Branch of Sung-nam Branch of Gwangju District Court, No. 37047, Jun. 8, 2006. Defendant E completed the registration of transfer of the right to collateral security on the ground of transfer of contract on June 8, 2006. Defendant E completed the registration of transfer of the instant superficies on the ground of transfer of contract on June 8, 2006 by the same date.

E. Defendant E, on June 8, 2007, registered the creation of a mortgage on the instant neighboring real estate as indicated in the separate sheet No. 36014 (No. 36014) on the ground of partial renunciation on June 8, 2007.

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