logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2015.07.16 2014가합3987
근저당권말소
Text

1. Defendant G was received on August 22, 2006 with respect to each real estate listed in the separate sheet from the Plaintiffs, as the receipt of the same on August 22, 2006.

Reasons

1. Basic facts

A. The Plaintiffs purchased the instant real estate from H on April 18, 2014 in KRW 540,000,000, and completed the registration of ownership transfer on April 23, 2014.

However, on July 13, 2011, the establishment registration of a neighboring mortgage (hereinafter “instant one collateral mortgage”) completed by the court No. 91816, which was completed as of July 13, 201 with the maximum debt amount of KRW 20 million, the debtor H, and the mortgagee G, the debtor H, and the mortgagee G, respectively, was completed on August 22, 2006 by the court of this case, which was completed on August 22, 2006, the establishment registration of a neighboring mortgage (hereinafter “instant two collateral mortgage”).

B. On January 8, 2014, I died and succeeded to the rights and obligations of I, and on April 18, 2014, Defendant C signed an agreement with the effect that “the termination document of provisional seizure on the instant real estate shall be the sea cycle without any condition” (hereinafter “instant agreement”) and attached his certificate of personal seal impression.

C. On May 23, 2014, the Plaintiffs deposited the deposited amount of KRW 30 million with Defendant G in gold No. 902, 2014, and Defendant G withdrawn without objection on June 5, 2014.

[Ground of Recognition] The remaining Defendants: The non-contentious facts, Gap evidence 1 through 3 (including the number of branch offices), Eul evidence 1, the purport of the whole pleadings, defendant G: Confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. According to the facts of the above recognition as to the claim against Defendant G, the secured debt of the instant second collateral mortgage was extinguished due to the above secured debt deposit by the Plaintiffs, a third acquisitor.

As such, Defendant G is obligated to implement the procedure for cancellation registration of the instant second collateral mortgage to the Plaintiffs.

3. Determination as to claims against the remaining Defendants

A. The 1st century’s assertion by the parties is the registration of invalidity of cause established in collusion with H and I without any legal act establishing the secured claim.

arrow