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(영문) 서울중앙지방법원 2017.06.23 2016가합551668
근저당권설정등기의 말소등기에 대한 승낙
Text

1. On November 4, 2014, the Defendant registered the Seoul Central District Court with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On April 18, 2014, with respect to each real estate listed in the separate sheet, owned by the Plaintiff (hereinafter “the instant real estate”), the registration of creation of a collateral security (hereinafter “registration of collateral security”) consisting of KRW 100 million with respect to each real estate (hereinafter “the instant real estate”) as indicated in the separate sheet was completed by the Seoul Central District Court No. 89694, the registration of collateral security (hereinafter “registration of collateral security”) was completed by the Seoul Central District Court No. 89694. On the same day, the additional registration of collateral security (hereinafter “registration of collateral security”) was completed

(B) On November 21, 2014, the supplementary registration of the transfer of the right to collateral security was completed on the ground of contract transfer as the receipt of the registration office No. 269808 in the future of Nonparty E.

In addition, on May 15, 2014, the registration of the establishment of a neighboring mortgage (hereinafter “registration of the second priority mortgage”) against the Defendant was completed as KRW 500 million with respect to the instant real estate by the same registry office (hereinafter “registration of the second priority mortgage”) No. 108650.

C. Since then, on November 4, 2014, the registration of creation of a mortgage (hereinafter “instant collateral security registration”) consisting of KRW 8 billion with respect to the instant real estate, the debtor F, and the mortgagee C was completed as the receipt of the same registration office.

Meanwhile, the Defendant: (a) held a notarial deed of KRW 1.5 billion (hereinafter “instant notarial deed”) issued by a notary public with respect to the said C, which was drafted by a law firm non-exclusive personal document No. 425 in 2014; (b) on February 11, 2015, the Defendant was issued a seizure and collection order with respect to the instant notarial deed claim against C as the claim for the said notarial deed; and (c) on April 21, 2015, issued a seizure and collection order with respect to the instant notarial deed claim against F by using C as the claim for the said notarial deed; and (d) completed the supplementary registration with respect to the seizure of the notarial deed.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, and 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The party’s assertion and determination as to the cause of the claim

A. The plaintiff asserted the parties, the registration of the instant collateral security (1) is a legal act that establishes the secured claim.

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