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(영문) 의정부지방법원 2018.06.19 2017가단5532
근저당권설정등기의 말소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff-owned real estate 1) The Plaintiff is the Plaintiff’s parcel number when referring each of the above land to the extent of 2,518 square meters in Gangwon-do, 4,894 square meters in Jeonwon-gun, D previous 4,504 square meters in size, E previous 4,504 square meters in size, F previous 1,17 square meters in size, G previous 782 square meters in size, H 3,306 square meters in size (hereinafter “each of the above land”), and when referring to “other land than the case”

(2) On the other hand, the Plaintiff owned the 537m2 in Gangwon-do, and the 1st 1,545m2 in each of the above real estate (hereinafter collectively referred to as the “each of the above real estate”) in terms of the name of each of the following: (a) the Plaintiff is designated as the parcel number; and (b) the name of each of the above real estate is referred to as the “instant real estate”).

B. On November 5, 2010, the establishment of a right to collateral security and the commencement of voluntary auction against each of the real estate owned by the Plaintiff was established in the name of the Jung-gu District Court, the 1.3 billion won of maximum debt amount, the debtor, the plaintiff, and the North Korean Agricultural Cooperative of the mortgagee, under the receipt of the said registry office on September 2, 201. The said right to collateral security was changed to the maximum debt amount of 1.4 billion won as the receipt of the said registry office on September 2, 2011. On the other hand, the H land was established in the name of the Jung-gu District Court of the Republic of Korea, the registration office of receipt of the iron sources, the maximum debt amount of 1.5 billion won of the maximum debt amount, the debtor K (the plaintiff's embar), and the agricultural cooperative in the name of Yong-North Korean Agricultural Cooperative under the name of the debtor (the plaintiff) and the North Korean Agricultural Cooperative.

3) Meanwhile, on September 5, 200, the K-Government District Court received a steel registry office of 1949, the maximum debt amount of KRW 19.5 million in the name of the debtor, the debtor, the Korea Housing and Commercial Bank Co., Ltd. (the subsequent change to a national bank due to the merger), and on November 5, 2010, the mortgage-mortgage in the name of the debtor K-mortgage and the Youngbuk Agricultural Cooperative under the name of the debtor K-mortgage and Youngbuk Agricultural Cooperative on March 3, 2016, respectively was established on March 3, 2016, under the name of the debtor, K-mortgage, E, E, F, G, and the real estate of this case, and the decision of voluntary decision to commence the auction was rendered to L-Government District Court on the basis of the above collateral-mortgage in the name of the North Korean Agricultural Cooperatives under the name of the mortgagee

5 The instant case on the same day.

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