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(영문) 수원지방법원여주지원 2014.06.26 2013가합1890
근저당권설정등기말소 청구
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 19, 2008, D completed the registration of creation of a mortgage on each part of the real estate stated in the separate sheet (hereinafter “each of the instant real estate”) owned by the Plaintiff, as indicated in the separate sheet (hereinafter “the registration of creation of a mortgage on each of the instant real estate”), with respect to the maximum debt amount of KRW 2.1 billion, the debtor, and the mortgagee of the right to collateral security.

B. Defendant Incorporated Incorporated Co., Ltd. (hereinafter “Defendant B”) completed each registration of collateral security (hereinafter “each of the instant collateral security registrations”) on May 15, 2012, which was received on May 15, 2012 from the Suwon District Court’s Ansan registry office as to each of the instant right to collateral security (hereinafter “each of the instant rights to collateral security”).

C. Defendant B completed the registration of partial transfer of each of the instant collateral security rights (hereinafter “each of the instant collateral security rights registration”) on the ground of a final claim partial transfer (1,050,000,000 won) as of February 12, 2013 by the Suwon District Court’s Ansan Branch Registry (No. 5377) with respect to each of the instant collateral security rights against Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 9, purport of the whole pleadings

2. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion is that each of the instant collateral security rights in this case was made without any relation to the delivery of money between the Plaintiff and D, and there is no loan contract for consumption, which is the cause of the claim. Thus, each of the instant collateral security rights in this case is a registration invalidation of the cause of termination without the secured claim, and each of the instant registrations should be cancelled, since each of the instant collateral security rights in this case is invalid.

B. According to each of the statements in Gap evidence No. 8-1 and No. 8-2, D is a commitment that "D shall pay dividends that it receives from the court after applying for an auction for each of the real estate of this case and the auction case was in progress, to the plaintiff or the person designated by the plaintiff.

due to dys.

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