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(영문) 서울중앙지방법원 2017.09.20 2016가단94106
근저당권설정등기 말소
Text

1. Of the instant lawsuit, Suwon District Court’s Suwon District Court’s registry office was completed on June 2, 2016 as the receipt No. 80428.

Reasons

1. Basic facts

A. As to the real estate indicated in the attached list, the Plaintiff-owned (hereinafter “instant real estate”), the registration of the establishment of a mortgage-mortgage C (hereinafter “registration of the establishment of a mortgage-mortgage”) was completed as of February 20, 2014 by the Suwon District Court, the Suwon District Court, Young-gu, the registration office, and the maximum debt amount of KRW 150 million, and the mortgage-mortgage C (hereinafter “registration of establishment of a mortgage-mortgage”).

B. On January 13, 2015, the Defendant, a creditor of the instant right to collateral security, obtained a decision on the provisional seizure of the right to collateral security (U.S. District Court 2014Kadan101857) with respect to the claim amounting to KRW 200 million as to the secured claim of the instant right to collateral security, and on February 3, 2016, the order of seizure of the right to collateral security and the order of seizure

3. 25. Assignment Order of Claim (U.S. District Court 2015 Taz. 24921) was received respectively;

C. On June 2, 2016, the order was based on the grounds for registration, and an additional registration of the transfer of the right to collateral security (hereinafter “instant registration of collateral security”) that the mortgagee of the instant right to collateral security (hereinafter “mortgage transfer”) transferred to the defendant was completed as of June 2, 2016, under Article 80428.

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

2. The assertion and judgment

A. The Plaintiff’s assertion that the parties concerned shall borrow KRW 150 million from her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’

In regard to this, the Defendant asserted that all of the instant mortgage contract and the secured debt are valid and continue to exist until now, and thus, it cannot accept the Plaintiff’s claim.

B. In the event of a supplementary registration before the establishment of the right to collateral security, the claim for cancellation of the establishment of the right to collateral security is filed against the transferee only.

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