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(영문) 의정부지방법원고양지원 2016.10.27 2015가단36191
소유권확인
Text

1. It shall confirm that the building listed in the separate sheet is owned by an independent party intervenor;

2. The plaintiff.

Reasons

1. Basic facts

A. On July 25, 1995, the Plaintiff, who was owned by the Plaintiff, entered into a mortgage agreement with the Defendant regarding the maximum debt amount of KRW 120,00,000, the debtor, and the mortgagee’s mortgage agreement with regard to the land of KRW 1220,00,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00,00.

B. On August 27, 2004, the Plaintiff entered into a mortgage agreement with the Defendant with the maximum debt amount of 90,000,000, the Plaintiff, and the mortgagee as the Defendant regarding the instant land and the mortgaged building. On August 27, 2004, the Plaintiff prepared a letter of waiver of the registration of the building, stating that “In completing the registration of the establishment of a mortgage and obtaining a loan, the Plaintiff offered as security to the Defendant the unregistered building owned by the Plaintiff on the said real estate, as well as the mortgage agreement, on August 27, 2004, the ownership of all the rights to the unregistered building as well as the registration, and then confirming that the establishment of a mortgage should be registered additionally to the Defendant.”

C. On February 18, 2010, the Plaintiff: (a) provided the Defendant with the land on the Plaintiff’s ownership, including the instant building located on the land of this case and on the land of this case, I and J as collateral; (b) subsequently, assigned the ownership of the said property to the Defendant; and (c) subsequently, arbitrarily disposed of or removed the said property in relation to the exercise of the security right to the land.

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