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(영문) 서울북부지방법원 2014.05.21 2013가단48903
손해배상 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On October 13, 2009, the registration of creation of a collateral security right (hereinafter “registration of creation of a collateral security right”) was completed on October 13, 2009 with respect to the land F, G, and four-story neighborhood living facilities and housing (hereinafter “each of the instant real estate”) owned by Sungnam-si, Sungnam-si, the mother of D, and the registration of creation of a collateral security right (hereinafter “registration of creation of a collateral security right”) with the maximum debt amount of KRW A, the debtor, and the maximum debt amount of KRW 200 million. On June 28, 2012, the registration of creation of the collateral security right was completed in the future of the Plaintiff Company B (hereinafter “Plaintiff B”).

B. On April 2010, Plaintiff A filed an application for voluntary auction of each of the instant real property with Suwon District Court Sungnam Branch H, and the decision on commencing auction was made on the 23th of the same month, and the said auction procedure (hereinafter “instant auction procedure”).

C. The Plaintiff E filed a lawsuit against the Plaintiff seeking the cancellation of the registration of the establishment of a neighboring mortgage (hereinafter “the first registration of cancellation of the right to collateral security”) under the Suwon District Court Decision 2010Kadan13816, which was the registration for the establishment of a new mortgage (hereinafter “the first registration of cancellation of the right to collateral security”) and subsequently filed an application for the suspension of compulsory execution with the court 2010Kaga632 to the effect that it would request the suspension of the auction procedure of this case under the above court’s order to suspend the auction procedure until the main judgment of the instant case on May 17, 2010 regarding the claim for cancellation of the right to collateral security was rendered (hereinafter “the first decision to suspend compulsory execution”).

However, the first instance judgment of the first instance court on the registration of cancellation of the right to collateral security was dismissed due to lack of evidence, etc., and the said appeal was again filed by Suwon District Court 201Na45252, but on August 30, 2012, the registration of cancellation of the right to collateral security against the Plaintiff A was completed on June 28, 2012 by the above court and the supplementary registration of the transfer of collateral security was completed in the future of Plaintiff B on June 28, 2012.

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