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(영문) 의정부지방법원 고양지원 2018.06.29 2017가합71959
근저당권말소
Text

1. All of the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. Of the litigation costs, the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. Since April 14, 2004, B acquired ownership of each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”).

B. B, around August 28, 2006, borrowed KRW 400 million from C and KRW 150 million from D, and each of the instant real estate was established and implemented as “the instant collective security (hereinafter collectively collectively referred to as “each of the instant collective security interests”) under the registration office of the same registry office as “the maximum claim amount of KRW 600 million, the debtor B, and the mortgagee C,” under the registration office No. 77072, August 28, 2006, which was received on August 28, 2006, with respect to the instant real estate as “the maximum claim amount of KRW 250 million, the debtor, and the mortgagee” (hereinafter collectively referred to as “each of the instant collective security interests”).

C. Since then B, E Co., Ltd. (hereinafter “E”) conducted a new construction project of multi-family housing with regard to the instant real estate as the contractor, but the financial standing was not good. On May 16, 2005, as to the instant real estate, the gold village agricultural cooperative, the mortgagee of the right to collateral security (the maximum bond amount of KRW 2.24 billion, the debtor B), filed an application for the commencement of voluntary auction with the Goyang Branch of the Korean District Court for the commencement of the auction on April 14, 2009.

B and E have become difficult to proceed with the new construction project of the instant real estate due to the commencement of the above voluntary auction, and the Plaintiff’s succeeding intervenor borrowed money from the Plaintiff’s succeeding Intervenor to suspend the above voluntary auction procedure.

Accordingly, B entered into a security trust agreement with the Plaintiff on September 15, 2009 with respect to the instant real estate (hereinafter “instant security trust agreement”) between the truster B, the trustee, the Plaintiff’s successor to the first priority beneficiary, the Plaintiff’s successor to the second priority beneficiary G, the debtor E, and the Plaintiff on September 17, 2009.

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