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(영문) 서울중앙지방법원 2015.04.24 2013가합58038
소유권이전등기말소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. With respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) on behalf of the Plaintiff as follows, the Plaintiff entered into a mortgage contract with us on behalf of us as to the real estate (hereinafter “instant real estate”) listed in the separate sheet (hereinafter “instant real estate”) in the name of us Co., Ltd. (hereinafter “C”) (hereinafter “C”), which she operated, with the Plaintiff Company C (hereinafter “C”). Accordingly, the registration of the establishment of a mortgage in the name of us bank (hereinafter “instant mortgage registration”) was completed, respectively.

① On April 6, 2004, a contract to establish a collateral security with a maximum debt amount of KRW 360 million was concluded, and on April 8, 2004, the establishment registration of a collateral security was completed by the Seoul Central District Court Branch Registry No. 17932, which was accepted by the Seoul Central District Court Branch Registry.

② On April 28, 2005, a contract to establish a mortgage with a maximum amount of KRW 60 million was concluded, and on the same day, the establishment registration was completed as the receipt of the above registry office No. 21980.

③ On March 23, 2006, a contract to establish a mortgage with a maximum debt amount of KRW 240 million was concluded, and on the same day, the registration of creation of a mortgage was completed pursuant to Article 14365 as the receipt of the above registry office.

B. As C did not repay the borrowed amount, the Bank applied for a voluntary auction on the instant real estate, and on November 11, 2008, the Seoul Central District Court E rendered a decision to commence the auction on real estate (hereinafter “instant auction”).

In the auction procedure of this case, F paid the total amount of the sale price after obtaining a decision to permit the sale of the real estate in this case, and completed each registration of ownership transfer as of October 27, 201 by the Seoul Central District Court Branch Office of the Central District Court No. 46466.

C. During the instant auction procedure, the Bank transferred all of the secured claims of the instant mortgage to the Defendant, and on November 30, 201, the Bank transferred all of the secured claims of the instant mortgage to the Defendant.

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