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(영문) 부산지방법원 2019.05.16 2017가단337228
말소등기의 회복등기승낙 의사표시
Text

1. The Plaintiff:

A. Defendant B, C, and D shall be the Busan District Court with respect to the real estate stated in paragraph 1 of the attached Table.

Reasons

1. Basic facts

A. The registration of the establishment of a mortgage in the name of the Plaintiff was completed; 1) The H Co., Ltd. (hereinafter “H”) prior to bankruptcy and rehabilitation procedures commenced, all of the above companies prior to and after the commencement of rehabilitation and rehabilitation procedures.

) The apartment on the 15th above the 5th ground and the 2nd underground floor on the 5th parcel outside Busan J-gu, Busan (hereinafter “instant apartment”) and the site is “the instant apartment site”.

The registration of initial ownership was completed on June 23, 2005 with respect to the instant apartment according to the Busan District Court Decision 2005Kadan13305, K Co., Ltd., the creditor without obtaining approval for use. 2) Each of the buildings listed in the separate sheet (hereinafter “each of the instant apartment buildings”) as part of the instant apartment buildings (hereinafter “each of the instant buildings”) was completed on July 29, 2005 with respect to each of the instant apartment buildings listed in the separate sheet (hereinafter “each of the instant buildings”). When individually named, each of the buildings listed in paragraph (1) of the separate sheet (hereinafter “instant building”) was completed on July 29, 2005, the maximum debt amount of KRW 240,000,000,000, which was the debtor H, the mortgagee, and the mortgagee as the plaintiff.

B. H’s real estate security trust with respect to each of the instant buildings of this case concluded a real estate security trust agreement between L Co., Ltd. (the trade name was changed to M Co., Ltd. on March 10, 2009, and the name was changed to L Co., Ltd. again on March 20, 2014; hereinafter “L”). On June 24, 2008, H entrusted most of the instant apartments including each of the instant buildings with L and its site and entered into a real estate security trust agreement designating the priority beneficiary as N and four (22).

C. On October 16, 2009, H decided to commence rehabilitation procedures and authorization for rehabilitation plan for H was applied for the commencement of rehabilitation procedures by the Changwon District Court 2009hap71, and was decided by the said court on November 18, 2009, and it was decided by theO.

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