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(영문) 전주지방법원 2018.08.16 2016가합4227
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 27, 2017, the rehabilitation procedure was initiated by the Jeonju District Court 2017 Joint2 on April 27, 2017, and B took over the status of the instant lawsuit as a manager.

The plaintiff is collectively the plaintiff without distinguishing between before and after the commencement of rehabilitation procedures and before and after the commencement of rehabilitation procedures.

B. On October 11, 2007, the Plaintiff completed each registration of ownership transfer as to 1/10 shares of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and as to the remaining 9/10 shares on November 10, 2016.

C. Upon the following lapse, the Defendant became the mortgagee of the instant real estate on September 13, 2016.

(1) On January 3, 2006, the registration of establishment of each of the instant real property was completed on each of the following dates: (a) on September 19, 2006, the debtor and the right to collateral security, each of which is KRW 600 million with the debtor limited liability company D, the mortgagee E, and the maximum debt amount; (b) on September 19, 2006, the debtor and the right

B. On August 8, 2016, the Plaintiff completed the supplementary registration of the transfer of the right to collateral security on the ground of the payment by subrogation of finalized claim regarding each of the above right to collateral security.

On the other hand, on October 11, 2007, the Plaintiff completed the registration of ownership transfer with respect to 1/10 shares out of each of the instant real estate. Accordingly, on August 18, 2016, the Plaintiff completed the additional registration of each of the changes in the right to collateral security due to the renunciation of the right to collateral security with respect to 1/10 shares out of each of the instant real estate.

On September 13, 2016, the Defendant completed the supplementary registration of the transfer of the right to collateral security (hereinafter “each of the instant supplementary registrations”) regarding the share of 9/10 of each of the instant real estate in accordance with Articles 8036 and 8037 (the maximum debt amount out of the aforementioned right to collateral security is related to the right to collateral security) on the same day, which was received by the Jinan District Court of Jeonju on the same day (the maximum debt amount is related to the right to collateral security (the maximum debt amount of 60 million won).

Applicant and the defendant shall be the same date as the same registry office on September 13, 2016.

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