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(영문) 부산지방법원 2014.09.30 2013가단79715
근저당권말소
Text

1. The defendant on July 14, 2006, with respect to the real estate stated in the attached Form 5 List to the plaintiff.

Reasons

1. Facts of recognition;

A. Division (1) The real estate listed in the separate sheet No. 1, which was jointly owned by the Plaintiff and C, was divided into the real estate listed in the separate sheet No. 2, Jan. 9, 2007 and the real estate listed in the separate sheet No. 3.

(2) On May 25, 2007, the real estate listed in the separate sheet No. 3 was subdivided into the real estate listed in the separate sheet No. 4 and the real estate listed in the separate sheet No. 5. 5.

B. On July 14, 2006, the Defendant completed the registration of creation of a mortgage under the name of the Defendant (1) with respect to the real estate listed in the attached Table No. 1 list as the Busan District Court’s Gangseo-gu registry office, which was received as No. 14362, Jul. 14, 2006, the registration of creation of a mortgage under the name of the Defendant C, and the establishment of a mortgage under the name of the obligor C.

(2) After that, the right to collateral security as described in Paragraph (1) was transferred to real estate listed in [Attachment 4 and 5] by division described in Paragraph (1).

(1) The right to collateral security (hereinafter referred to as the “instant right to collateral security”)

On February 15, 2007, the instant right to collateral security, which was established on the real estate stated in the attached list No. 2 of the waiver of part of the right to collateral security, was cancelled due to the waiver of part of the right to collateral security. The instant right to collateral security, which was established on the real estate listed in the attached list No. 4

Attached Form

On February 18, 2008, the Plaintiff becomes a sole owner of the real estate listed in the attached Table 5 by being transferred all co-owners' shares on February 18, 2008.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, 3, Gap evidence 4, the purport of the whole pleadings

2. Comprehensively taking account of the evidence revealed prior to the determination of the cause of the claim, Gap evidence Nos. 2, 3, and Eul evidence Nos. 1 and the overall purport of the arguments, Eul purchased real estate listed in the separate sheet No. 1 from Eul, but it still remains in the ownership of the register No. 186,00,000 while it remains in C, and Eul borrowed KRW 186,00 from the defendant around July 14, 2006, and Eul secured the right to collateral security against the above borrowed money.

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