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(영문) 수원지방법원성남지원 2016.11.29 2016가단20281
추가 근저당권설정등기
Text

1. On July 4, 201, the Defendant: (a) on the portion of 33.23/150 of the 1150-3 square meters in Jung-gu, Sungnam-gu, Sungnam-gu; and (b) on the part of the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 24, 2008, the Defendant purchased the real estate indicated in the separate sheet from D, etc. (hereinafter “instant real estate”) and completed the registration of the transfer of ownership with respect to the portion of exclusive ownership (hereinafter “instant exclusive ownership”) under the Suwon District Court’s Sungnam Branch’s registration and No. 44631, Jul. 30, 2008.

The indication of land subject to the approximate site ownership among the indication of a building of the approximate section for exclusive use among the indication of a building with the indication of the real estate:

1. The mortgage shall also have the effect on an article added or subordinate to Article 8 of the Jung-gu Seoul Special Metropolitan City, Seongbuk-gu, Seoul Special Metropolitan City, which is 1150.3 square meters, due to the extension, remodeling, or any other cause, and the first priority mortgage shall be additionally established if there is any unregistered article;

B. To secure this, the Plaintiff leased money several times to the Defendant, and completed the registration of establishment of a collateral security agreement (hereinafter “instant mortgage agreement”) with the Suwon District Court as to the instant section for exclusive use owned by the Defendant, and the registration of establishment of a collateral security agreement with the obligor, Defendant, and the Plaintiff, under Article 28720, the maximum debt amount of KRW 180,000,000, as of July 4, 2011.

The main contents of the mortgage contract of this case are as follows.

C. Meanwhile, on June 19, 2012, upon completion of cadastral adjustment as to the part of the site of the instant real estate, the registration of site ownership (33.23/1150; hereinafter “instant site ownership”) was completed on June 19, 2012 regarding the instant section of exclusive ownership.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since at the time when the plaintiff and the defendant concluded the mortgage contract of this case, the registration of the right to the site of this case had not yet been completed, if the registration of the right to the site of this case was made later, the right to the site of this case should be additionally established.

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