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(영문) 서울고등법원 2015.05.14 2014나2028877
근저당권말소
Text

1. The defendant succeeding intervenor's appeal is dismissed.

2. The appeal cost arises between the Plaintiff and the Intervenor succeeding to the Defendant.

Reasons

1. Basic facts

A. On March 1, 2010, the Plaintiff established and operated a sanatorium for older persons under the Welfare of Older Persons Act under the trade name of the real estate listed in the attached Table (hereinafter “instant real estate”) as “E Medical Care Center” in the real estate indicated in the attached Table (hereinafter “instant real estate”).

B. On March 10, 2011, the Plaintiff entered into a mortgage agreement between the Defendant and the Intervenor’s Intervenor’s Intervenor (hereinafter “Supplementary Intervenor”) with respect to the instant real estate in order to secure a corporate facility loan obligation against the Intervenor D (hereinafter “D”), with respect to the instant real estate, the Plaintiff concluded a mortgage agreement with the maximum debt amount of KRW 3.577 billion with respect to the instant real estate, and with the obligor D (hereinafter “instant mortgage agreement”). On March 15, 2011, the Plaintiff completed the registration of establishment of a neighboring mortgage (hereinafter “instant neighboring mortgage”) or the instant mortgage agreement with the Intervenor.

C. On December 13, 2013, the Intervenor entered into a contract for the purchase and sale of claims between FF and FF Co., Ltd. with respect to the transfer of all claims and security rights, etc. against D, and the Intervenor and F Co., Ltd. and the Defendant’s successor entered into a contract for the transfer of assets with respect to the transfer of the F Co., Ltd. to the Defendant’s successor on December 27, 2013.

On December 31, 2013, an intervenor notified the transfer of claims to D on December 31, 2013, and the defendant succeeding intervenor completed the transfer of assets in accordance with Articles 7(1) and 6(1) of the Asset-Backed Securitization Act.

Meanwhile, according to the delegation of Article 35(3) of the former Welfare of Older Persons Act (amended by Act No. 10509, Mar. 30, 201; hereinafter “Act”), attached Table 4(2) of the Enforcement Rule of the Act (amended by Ordinance of the Ministry of Health and Welfare No. 51, Apr. 15, 201) (hereinafter “instant provision”) Article 22(1) of the Enforcement Rule of the Act (amended by Ordinance of the Ministry of Health and Welfare, hereinafter “instant provision”) refers to land and buildings for which medical welfare facilities, such as medical care facilities, are

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