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(영문) 서울중앙지방법원 2016.07.01 2015가합541190
계약취소를 원인으로 한 원상회복청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s establishment of a mortgage and the Plaintiff’s acquisition of the Plaintiff’s right to collateral security (1) B housing redevelopment and rearrangement project association promoted the housing redevelopment project (hereinafter “instant redevelopment project”) that constructs apartment and neighborhood living facilities after removing the previous building from the Seodaemun-gu Seoul and 919 parcel of land (hereinafter “instant project site”). Around May 1999, the registration of preservation of ownership was completed around 362 divided stores on the instant project site and around 6th D & D on the size of 6th above ground (hereinafter “the instant commercial building”) around 204 with respect to the aggregate building (hereinafter “the instant project site”). The alteration of ownership registration was completed around 204 with respect to the apartment building (hereinafter “the instant project site”) (the previous company’s name: Hyundai Bank Savings and Hyundai Mutual Savings Co.,, Ltd., Ltd., Ltd., and Hyundai Savings Co.,, Ltd., Ltd., Ltd., 200 and around 3th, 2012.

In order to secure loan claims, the right to collateral security was established as to the land of five parcels, such as Seodaemun-gu, Seoul, F, G, H, I, among the instant commercial building and the instant project sites purchased by the Seoan T&C on December 12, 2003 from the District Housing Redevelopment and Improvement Project Association. The right to collateral security was established for the Defendant of the right to collateral security, the maximum debt amount of 8.45 billion won, the second savings bank, the maximum debt amount of 4.55 billion won, and the second savings bank, the maximum debt amount of 4.5 billion won

3) On March 13, 2012, the Second Savings Bank applied for the auction of the instant commercial building to the Seoul Western District Court J on March 22, 2012, and rendered a decision to commence auction on March 22, 2012. (4) The Plaintiff is between the Defendant and the Defendant on June 28, 2012.

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