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(영문) 수원지방법원 2016.10.11 2015가단49978
근저당권설정등기말소
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On November 29, 2007 with respect to the instant building site, the right to collateral security (300,000,000 won debtor E, the right to collateral security (F, and the right to collateral security) was established on November 29, 200, G apartment No. 613, G apartment No. 613, G apartment in the Suwon-si, Gyeonggi-do.

F On March 15, 2012, the instant site [only H Co., Ltd. (hereinafter “H”) on December 21, 2011]

) On November 29, 2007, on the basis of the right to collateral security (the right to collateral security) filed an application for the voluntary auction of real estate (hereinafter “voluntary auction”) with Suwon District Court I on November 29, 2007.

B. The J, the actual owner of H, intended to borrow money from K that was represented by the Defendant in order to withdraw the voluntary auction of the instant case. In order to secure the above loan obligation against the Defendant, the right to collateral security was completed on April 10, 2012 with respect to each of the instant real estate in order to secure the above loan obligation against the Defendant, and the registration of the transfer of the right to collateral security was completed for the instant land on November 29, 2007 with respect to the instant land on April 12, 2012.

F After receiving KRW 190,000,000 from the Defendant, F shall be paid on April 12, 2012.

The motion for voluntary auction in this case was withdrawn.

C. On April 28, 2015, No. 16324, regarding each of the instant real property, the establishment registration of a neighboring mortgage-holder A, the obligor H, and the mortgagee A, was completed.

On May 20, 2015, as the receipt of No. 19431 on each of the instant real estate, the registration of the establishment of a collateral security (the maximum debt amount of 60,000,000 won), the debtor H, and the Plaintiff F, was completed on August 17, 2015, and the registration of the establishment of a collateral security (the Plaintiff) was completed on August 17, 2015 from Plaintiff A to Plaintiff B Co., Ltd. on the ground of the transfer of confirmed claim on August 12, 2015, and on December 28, 2015, part of the registration was completed on December 29, 2015 as to KRW 30,000,000 among Plaintiff B Co., Ltd.’s collateral security (the right to collateral security) as of December 29, 2015.

Grounds for recognition: evidence No. 7 1 to 16, respectively.

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