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Reasons
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(영문) 서울북부지방법원 2018.12.13 2017가합2230
근저당권설정등기말소
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 10, 2009, D Co., Ltd. entered into a loan contract and joint and several sureties contract borrowed KRW 500,000,000 from E, and ② KRW 500,000,000 from F, in total, KRW 1,000,000 from F (hereinafter “the debt of this case”), and at the time, the Plaintiff jointly and severally guaranteed each of them.

B. D) Each real estate listed in paragraphs 1 and 2 of the attached Table Nos. 1 and 2 of November 10, 2009 (hereinafter collectively referred to as the “each of the instant real estate”) in order to secure the debt of the instant loan to E and F, and the individual real estate is abbreviationd by the sequence thereof as “the instant real estate.”

As to the same day, the establishment registration of each mortgage contract was completed on the basis of the maximum debt amount of KRW 750,000,000 for each of the maximum debt amount of KRW 750,000. (2) In order to secure the debt of the loan of this case to E and F, D and the Plaintiff completed the establishment registration of each of the following neighboring mortgages of KRW 750,00,000 on November 24, 201 and the total amount of shares of the Plaintiff as to D and the total amount of the loan of this case on the same day.

(C) On March 22, 2013, the Defendants sold shares to the Defendants on March 14, 2013 through the Seoul Central District Court G real estate auction procedure, and on March 22, 2013, the alteration of the right to collateral security was completed by creating the Plaintiff’s entire share of each of the instant collateral security rights. (C) On November 23, 2012, E transferred the right to collateral security to Defendant B, and F transferred the right to collateral security to Defendant C on November 23, 2012, and notified the Plaintiff of the transfer of the right to collateral security on November 23, 2012.

2. Defendant B: November 23, 2012; Defendant C: each of the instant cases on November 27, 2012.

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