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(영문) 서울서부지방법원 2012.05.18 2011가단45814
근저당권설정등기말소
Text

1. The defendant is about 39.64/1,026 of co-owners' C shares among the real estate stated in the attached Form to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a right holder of a provisional registration who completed the provisional registration of the right to claim a transfer of the entire C Shares under Article 3274 of the Seoul Northern District Court's Dongdaemun-gu Registry on July 15, 2008, on the ground of a pre-sale agreement on July 15, 2008, with respect to the share of 39.64 percent (hereinafter "share of the instant real estate"), among the real estate listed in the separate sheet, of the co-owner's share in the attached sheet.

B. The share of the instant real estate was completed on July 2, 1994 by the Seoul Northern District Court, the Dongdaemun-gu District Court, the Dongdaemun-gu Office of Registry, 43355, with the maximum debt amount of KRW 180,00,000,000, the debtor D, the mortgagee D, and the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “the creation registration of the first neighboring mortgage”) and the maximum debt amount of KRW 20,00,000,000, the debtor C, and the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-

C. The first mortgagee of each of the instant mortgages was a corporation for the East Asian Construction Industry. However, on December 12, 2008, the E-Unreshion Housing Association (hereinafter “E-Unreshion Housing Association”) transferred in sequence to the Young Construction Co., Ltd. on December 15, 2008, and thereafter, the collateral security was transferred to the Defendant again on June 23, 201.

On the other hand, with respect to the instant real estate share, at the time of May 12, 2009, the voluntary auction procedure was in progress to the Seoul Northern District Court F upon the application of the said comprehensive construction, a mortgagee, at the time of the said comprehensive construction, and the Defendant was transferred each of the instant collateral security from the construction on June 23, 201, and was transferred from the said comprehensive construction on the same year.

7. 14. Report on the creditor's change concerning the above voluntary auction case

(2) On July 26, 2011, the Plaintiff deposited KRW 400 million in total and KRW 6,100,000 in the auction procedure expenses, and the Defendant received the full amount of the deposit on August 22, 2011. 【No dispute over evidence, Party A’s entries in the evidence Nos. 1, 2, and 3, and the purport of the entire pleadings.

2. Judgment on the plaintiff's claim

(a) Article 364 of the Civil Act;

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