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(영문) 대구지방법원 2017.07.12 2016가단124631
근저당권말소
Text

1. The defendant on July 24, 1995, as to each real estate listed in the separate sheet to the plaintiff, the Daegu District Court Doldong registry office.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Plaintiff (the name was changed from B to school foundation C on May 1998, 201, and the name was changed to school foundation A on January 30, 2012) is each real estate listed in the separate sheet from D on May 30, 1994 (hereinafter “each real estate of this case”).

(2) On November 24, 1995, D purchased each real estate of this case, and completed the registration of ownership transfer as of November 24, 1997, as Law No. 21659. (2) On July 20, 1995, prior to the completion of the registration of ownership transfer, D borrowed money from the non-party E Agricultural Cooperative (hereinafter “non-party E Agricultural Cooperative”) (at that time D was a member of the non-party Agricultural Cooperative), and entered into a comprehensive mortgage contract with the same day to secure it (at that time, D was a member of the non-party Agricultural Cooperative), and completed the registration of ownership transfer with the Daegu District Court No. 14658, 14658, the maximum debt amount of which was KRW 60,000,000, total debt amount.

D After concluding a credit guarantee contract with the Defendant, D obtained a loan of KRW 224,024,00,000 in total from Non-Party Agricultural Co., Ltd as security for the Defendant’s credit guarantee and the Defendant’s credit guarantee contract and its ground, KRW 1002,02, 158,000,000,000,000,000,000 from December 28, 1995 to July 31, 2001.

3) On March 4, 2003, the non-party ACF filed an application for voluntary auction to Daegu District Court L with the claim amounting to KRW 345,482,300, and the above court decided to commence auction on March 7, 2003, and on March 11, 2003 with respect to each of the instant real property, the decision to commence auction was filed on March 11, 2003.

However, the above court's reasoning that each of the instant real estate owned by the plaintiff is the property of school juristic persons directly used for school education.

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