logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2016.07.01 2016가합100671
근저당권말소등기 회복등기 등의 소
Text

1. Of the instant lawsuit, the part of the claim for consent against Defendant Gwangju Metropolitan City Livestock Cooperatives.

Reasons

1. Basic facts

A. On October 18, 2013, the Plaintiff and C entered into a sales contract with Defendant B to purchase each of the land D and E in Ansan-gu, Manyang-si, Annyang-si, and the purchase price was KRW 580,000,000. On July 24, 2014, the Plaintiff changed the subject matter of sale to E and F land (hereinafter “G-dong land”), and the purchase price was KRW 534,00,000.

(hereinafter “instant sales contract”). B.

On November 4, 2014, the Plaintiff and C received a provisional disposition order under the Ansan District Court Branch 2014Kadan2966 by requiring the right to claim ownership transfer registration based on sale and purchase of each land E and F as the preserved right, and completed the provisional disposition registration on the same day.

C. On December 24, 2012, H obtained a loan of KRW 200 million from the Defendant Gwangju Livestock Cooperative. To secure this, Defendant B concluded a mortgage contract with respect to each of the real estate listed in the separate sheet including E and F (hereinafter “each of the instant real estate”) with respect to the maximum debt amount of KRW 2.6 million, the debtor H, and the Defendant Gwangju Livestock Cooperative. On December 24, 2012, H completed the registration of establishment of a mortgage (hereinafter “instant collateral security”) with respect to the Defendant Gwangju Livestock Cooperative as the Suwon District Court’s Gyeyang-gu Branch of the Suwon District Court, as the receipt of No. 94077, Dec. 24, 2012.

On April 7, 2015, according to the application for voluntary auction at Defendant Gwangju Livestock Cooperative, the procedure of auction was commenced as a branch court of Suwon District Court for each of the instant real estate, and on October 5, 2015, the Plaintiff subrogated to the Defendant Gwangju Livestock Cooperative for the total amount of H’s loan amount of KRW 215,269,783 on the same day, and the Defendant Gwangju Livestock Cooperative withdrawn the said application for voluntary auction on the same day.

E. The Defendants completed the registration of cancellation of the registration of the establishment of a mortgage near the instant case by the Suwon District Court No. 23413, Dec. 30, 2015, which was received on December 30, 2015.

[Grounds for Recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 2 and 7 (including each number), and arguments.

arrow