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(영문) 수원지방법원 2014.09.18 2013가단66672
근저당권설정등기말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is newly constructed by D (the representative E; hereinafter “D”) and completed registration of initial ownership on January 9, 2009.

B. On October 1, 2008, D entered into a mortgage agreement with a company with a named-d-d-d-d-d-one (hereinafter “right-d-d-one”) on the instant real estate as to the instant real estate with the maximum debt amount of KRW 420 million, the debtor D, and the mortgagee of the right to collateral security. On February 20, 2009, Suwon District Court Magwon District Court Man Law Office No. 21017, which was received on February 20, 2009 (hereinafter “the establishment registration of the right to collateral security of this case”) and completed the establishment registration of the right to collateral security (hereinafter “the right to collateral security of this case”).

C. On February 27, 2009, on February 27, 2009, on KRW 350 million from the registration of the establishment of the mortgage of this case to B, the registration was completed on February 26, 2009 as the Suwon District Court's registry office received on February 27, 2009 as the receipt of No. 26263 on February 27, 2009, and B again on January 21, 2010, with regard to KRW 130 million from the registration of the establishment of the mortgage of this case to the Defendant on January 21, 2010.

1. The supplementary registration of partial transfer of collateral security (hereinafter “instant supplementary registration”) was completed as of January 21, 201 by the same registry office, which was received on January 21, 2010, due to the partial transfer of the confirmed claim. D.

On the other hand, on the other hand, on December 3, 2009, the Granddison changed the trade name to DIM Holdings, and on January 20, 2010, the Defendant, on January 20, 2010, completed the supplementary registration of partial transfer of collateral security (hereinafter “instant supplementary registration”) as to KRW 70 million from the registration of establishment of collateral security (hereinafter “instant supplementary registration”) on January 20, 2010, based on the receipt on January 21, 2010, received on January 21, 2010.

E. On October 28, 201, the Plaintiff received a provisional disposition prohibiting the disposal of real estate as the Suwon District Court 201Kadan102818, with respect to each of the instant real estate.

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