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(영문) 의정부지방법원 2019.01.09 2018가단111588
근저당권말소
Text

1. On December 201, 201, the defendant filed with the plaintiffs with respect to the 48,065 square meters of forest land D in Dongcheon-si.

Reasons

1. Facts of recognition;

A. On December 21, 2012, with respect to D Forest 48,065 square meters (hereinafter “instant land”), each registration of ownership transfer was completed from E, the Plaintiff’s 2/3 shares in the above land, and the Plaintiff’s 1/3 shares in the above land in the future.

B. Meanwhile, with respect to the instant land, the debtor E, the mortgagee F, and the maximum debt amount as KRW 6,50,000,000 were completed by the registration of the establishment of a neighboring mortgage (hereinafter “the establishment of a neighboring mortgage”) under the No. 20815, which was received on December 13, 2011. On May 7, 2012, the registration of the establishment of a neighboring mortgage (hereinafter “the establishment of a neighboring mortgage”) was completed due to the transfer of a contract.

C. The Defendant filed an application for an auction of real estate rent for the instant land with the G District Court G, and the auction procedure was conducted.

On April 11, 2018, the Plaintiffs, as a third acquisitor of the land of this case, deposited the amount of KRW 650,000,000 (hereinafter “instant repayment deposit”) pursuant to Articles 364 and 487 of the Civil Act on the ground that the Defendant would refuse to receive the said amount of KRW 650,03,200,00 as the maximum debt amount of the said right to collateral security and the said amount of KRW 4,003,20,000 (hereinafter “instant repayment deposit”).

E. On April 26, 2018, the said voluntary auction case was finalized upon the withdrawal of the Defendant’s application for auction.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 4, the purport of the whole pleading

2. The assertion and judgment

A. According to the facts of the above recognition as to the cause of the claim, since all of the secured claims were extinguished by the plaintiffs' deposit for repayment in this case, the defendant is obligated to implement the registration procedure for cancellation on the ground of the above deposit for repayment to the third purchaser of the land in this case, unless there are special circumstances.

B. The summary of the defendant's defense 1's decision is 3.5 million won upon E's investment recommendation, which was the previous owner of the land of this case.

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