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(영문) 수원지방법원 2016.05.03 2015가단124961
근저당권말소
Text

1. The main Defendant B is the Suwon District Court with respect to the Plaintiff’s 4,959 square meters of forest land D with the wife population in Gyeonggi-do.

Reasons

1. Facts of recognition;

A. On March 25, 2004, F, a sole owner of the land E (the land prior to the division of this case), as to the land prior to the division, extended a loan of KRW 400 million with the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”), and entered into a loan agreement on March 25, 2005 with the maturity of reimbursement of KRW 50 million. To secure this, F, as to the land prior to the division of this case, completed the registration of creation of mortgage (the instant collateral security right) with regard to the land prior to the division of this case.

B. On April 20, 2007, the Plaintiff purchased 4,959/16,529 shares of the land prior to the instant subdivision from the Korea Land Development, a co-owner of the land prior to the instant subdivision, and completed the registration of ownership transfer.

C. The land prior to the instant partition was divided into each land listed in the separate sheet No. 1 on July 18, 2007 (the ownership transfer registration following the division of co-owned property was completed), and the registration of the establishment of the neighboring land of this case was transferred to each land listed in the separate sheet No. 1.

Accordingly, the instant right to collateral security was a joint collateral security existing on each land listed in the attached Table 1 list to secure the same claim.

On October 29, 2007, the Bank concluded a contract on the transfer of the right to collateral security with the transferee of the primary defendant B as to the right to collateral security of this case with the transferee of the primary defendant B. On November 15, 2007, the Suwon District Court of Suwon District Court of Law No. 239195 on November 15, 2007, and the supplementary registration of the transfer of collateral security was completed in the future of the primary defendant B

E. On February 19, 2008, the Plaintiff owned the land listed in Schedule 5. Paragraph (5) of Attached Table 1 (the land in this case) solely, and was divided into common property and completed the registration on May 13, 2008.

F. The land prior to the instant partition was set by 2nd mortgage, which was lower than that of the instant case, but was sold through a voluntary auction stating the land prior to the instant partition after the partition.

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