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(영문) 서울고등법원 2013.08.23 2012나42903
지료
Text

1. The reduction, expansion and addition of the part against Defendant E, F, J and L in the judgment of the first instance shall be made after the remanding.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in Gap evidence No. 3, evidence No. 4-1 to 55, evidence No. 5, evidence No. 6, evidence No. 10-1, 2, Eul evidence No. 30, evidence No. 31-5, evidence No. 48, evidence No. 51-1 to No. 53, and evidence No. 51-1 through No. 13.

AP purchased an aggregate building of 1514 square meters in Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as the “instant site”) around June 29, 1983, and newly constructed an aggregate building of 3 stories underground and 5 stories above ground (hereinafter referred to as the “instant building”) around December 7, 1984.

B. On December 31, 1984 with respect to the portion of AP owned 267.5/1514 out of the site of this case, the registration of the establishment of a neighboring mortgage (hereinafter the "mortgage 1 mortgage of this case") was completed on December 31, 1984 by the Yongsan-gu Seoul Western District Court's receipt of Yongsan-gu Office, Seoul Trust Bank (hereinafter the "Seoul Trust Bank"), Seoul Trust Bank (hereinafter the "Seoul Trust Bank"). On June 27, 2003, the registration of the establishment of a neighboring mortgage of this case was completed on August 27, 2004 with respect to the first priority mortgage of this case by the above registration office No. 25982 as to the above first priority mortgage of this case.

C. On October 14, 1986 with respect to the portion of AP owned 302/1514 out of the site of this case, the registration of the establishment of a neighboring mortgage (hereinafter the above registration and contract) was completed in the name of Seoul Trust Bank as the Seoul Trust Bank No. 64411, Oct. 14, 1986. On October 18, 2004 with respect to the second priority mortgage of this case, the registration of the transfer of the right to collateral security was completed in additional registration with respect to the second priority mortgage of this case as the above registration office No. 30308, Jun. 27, 2003.

With respect to the shares of AP owned 331.47/1514 out of the instant site based on the 1 and 2 collateral security (hereinafter “instant shares of the instant site”), this case is below the auction procedure.

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