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(영문) 울산지방법원 2019.05.01 2017가단18827
근저당권말소
Text

1. The part concerning the claim for cancellation of the registration of creation of superficies among the lawsuits in this case shall be dismissed.

2. The defendant is from the plaintiff 1,778.

Reasons

1. Basic facts

A. The Plaintiff’s right to collateral security and superficies creation 1) on January 10, 201, the Plaintiff’s real estate indicated in paragraph (1) of the attached Table No. 1 of the same Act, and a forest of Ulsan-gun, Ulsan-gun, Ulsan-do before partition (hereinafter “D forest before partition”).

A) The registration of transfer of ownership was completed on the ground of public sale conducted on the seventh day of the same month. D forest land before division shall be “each of the instant real estate” in the separate sheet Nos. 2 and 3 (hereinafter referred to as “each of the real estate listed in the separate sheet”) on August 26, 2014.

(2) On January 10, 201, the Plaintiff was divided into the following: (a) on January 10, 201, the real estate listed in paragraph (1) of the attached Table No. 1; and (b) on D forest land before division, the Plaintiff: (c) on January 10, 201, the establishment registration of the establishment of the mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage”) with the purpose of establishing a contract on January 7, 2011, as the date of registration of creation; and (d) the duration of the superficies-registration-based “30 years from the date of registration of creation” (hereinafter “registration of creation of superficies”).

With respect to the instant right to collateral security, on August 13, 2012, when the debtor was changed to F, the registration of change of the right to collateral security was made on the ground of acceptance of the contract on the same day, the registration of change of the right to collateral security was completed on August 26, 2014; the registration of change of the right to collateral security, which added the real estate listed in paragraph (3) of the attached Table, which was divided into D forest before subdivision, to joint collateral security; and the registration of change of the right to collateral security, which was made on September 7,

B. On May 8, 2017, the Defendant’s subrogation by the Defendant and the acquisition of the instant right to collateral security by subrogation of the Plaintiff on behalf of the Plaintiff to CF on May 8, 2017, as to the principal amounting to KRW 250 million, which is the secured claim of the instant right to collateral security, and KRW 250 million, as to the said KRW 250 million.

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