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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원진주지원 2014.06.11 2012가단4752
근저당권설정등기말소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On August 26, 2005, Sammin General Construction Co., Ltd. (hereinafter referred to as the “Trimin Construction”) entrusted the registration of provisional seizure with respect to each real estate listed in the separate sheet (hereinafter referred to as the “each real estate of this case”). On November 23, 2005, the Defendant completed the provisional injunction registration on each of the real estate of this case based on the provisional injunction order ( Changwon District Court 2005Kahap729, Changwon District Court 2005Kahap729).

B. On June 26, 2007, Plaintiff A completed the registration of transfer of ownership on the ground of sale as of March 21, 2005 with respect to the instant real estate on the ground of the instant real estate on March 21, 2005. Plaintiff B completed the registration of transfer of ownership on the ground of sale as of March 21, 2005 with respect to the instant real estate on June 26, 2007, Plaintiff C completed the registration of transfer on the ground of sale as of June 28, 2007. Plaintiff C completed the registration of transfer of ownership on the ground of sale as of August 4, 2005.

C. On January 5, 2010, the Defendant completed the registration of the establishment of a mortgage on each of the instant real property (hereinafter “registration of the establishment of a mortgage on the instant real property”) with respect to the maximum debt amount of KRW 3.255 million, the debtor Sam-sung, and the mortgagee’s establishment of a mortgage on the part of the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 (including each number), purport of whole pleadings

2. The plaintiffs' assertion

A. The secured claim in the registration of the creation of a neighboring mortgage of this case is the loan claim of the defendant on June 21, 2005 for the defendant's three-dimensional loan, and the obligation of Sam Jong-sung's loan is the obligation, which includes the land of Samcheon-si and the real estate of this case, to be newly constructed on the land of Sejong Sejong Construction Co., Ltd. (hereinafter "Seung-type Construction"), and the apartment including the real estate of this case (hereinafter "the apartment of this case"), which is to be newly constructed on the land of this case, and the apartment of this case to be newly constructed on the ground of the sale contract for all related business rights, after Sejong-type was exempted from the obligation to the defendant, it is sufficient to secure the defendant (the first

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