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(영문) 부산고등법원 2016.07.07 2015나4382
근저당권설정등기 말소 등
Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

In the case of this case, the attached list is recorded.

Reasons

1. The following facts are acknowledged according to the purport of Gap evidence No. 15 and the whole pleadings.

A. D Co., Ltd. (hereinafter “D”) acquired ownership of P, Q and R land in Ulsan-gun P, Ulsan-gun on May 16, 1997.

B. D completed on September 30, 1997 the establishment registration of a neighboring maximum debt amount of KRW 500 million on the ground of the contract executed on September 29, 1997.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) C.

On August 30, 1999, the Plaintiff (the former trade name was S Co., Ltd., and changed to its trade name as of August 20, 2013) completed the registration of ownership transfer claim on three parcels of land listed in the above paragraph (a), and completed the registration of ownership transfer on February 6, 2002 based on the above provisional registration.

Since then, although owners have changed several times, the plaintiff finally acquired ownership of the above land and has owned it up to now.

E On April 23, 2002, on the ground of a partial transfer (transfer amount to KRW 300 million) of confirmed bonds to B, E completed the supplementary registration of partial transfer of mortgage of this case on the ground of a partial transfer (transfer amount to F on January 11, 2005).

E. The three lots of land in the above paragraph (b) became six lots of land indicated in the annexed sheet after the registration conversion and subdivision of the land on March 31, 2006.

(f) On March 9, 2010, E completed the supplementary registration of partial transfer of collateral security as stated in the Disposition 1-B on the ground of a partial transfer of claim (transfer amount to KRW 200 million) on March 5, 2010.

Since then, the Defendant transferred the claim that he acquired from E to a third party, and the claim was transferred before transfer, but finally, the Defendant acquired the claim again and completed the supplementary registration.

(G) After February 13, 2007, the supplementary registration of partial transfer of the right to collateral security in the name of B was cancelled on the same day due to termination, and F’s right to collateral security in the name of B.

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