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(영문) 서울서부지방법원 2019.11.28 2019나32365
근저당권말소
Text

1. Revocation of the first instance judgment.

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

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”), including each real estate listed in the separate sheet, was registered to preserve ownership in the name of N (1.5385/100 shares), N (11.538/100 shares), O (20.5128/100 shares), the Plaintiff (12.8205/100 shares), G (28.205/100 shares), P (1.5385/100 shares), Q (15.3846/100 shares), and Q (15.3846/100 shares shares) on September 15, 201. The ownership of ownership was registered to the Plaintiff on November 3, 2011, N, 46.154/500 shares among the P shares, and 400/507/407/500 shares to G, 405/507/400 shares.

B. G completed the registration of transfer of shares on November 3, 201, with respect to 187.1795/500 shares (=28.2051/100 46.154/500), all of the shares held in G of the instant officetels (i.e., the Plaintiff, one of its shapes, on the same day as the trade was conducted on November 3, 2011.

C. Of the Plaintiff’s share in the instant officetel, the instant officetel is as above.

Shares 12.8205/100 Shares and 23.07/50 Shares and b.

Of the shares 15.4205/50 as stated in paragraph 187.1795/50, 15.4205/50 of the shares in the 187.1795/500, the ownership transfer registration was completed in the O on October 25, 2014 due to the sale on October 16, 2014. Ultimately, the Plaintiff’s shares in the instant officetel (=1795/500 - 15.4205/500) remain, and the shares in theO were 251.318/500 shares (=20.5128/1006.154/500/500).

On January 19, 2016, the Plaintiff completed the registration of creation of a mortgage (Seoul Western District Court Decision 2321, 2322, 2323) (hereinafter “registration of creation of a mortgage”) against the Defendant on November 3, 2011, regarding the Plaintiff’s share (No. 7), which was transferred from G from November 3, 201, (hereinafter “instant share of each of the instant real estate”) with respect to the Defendant, the Plaintiff and the maximum debt amount of KRW 130,00,00, and each of the establishment of a mortgage (Seoul Western District Court Decision 2321, 2322, and 2323) against the Defendant as the mortgagee.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including provisional number), Eul evidence 1, the purport of the whole pleadings

2. The Parties’ assertion.

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