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(영문) 서울고등법원 2017.06.13 2016나2090104
근저당권말소
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim claims added by this court are dismissed.

Reasons

1. Basic facts

A. The registration of the establishment of a mortgage (hereinafter referred to as “registration No. 2”) with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter referred to as “each individual real estate”) was completed on December 8, 2014 with respect to the registration of the establishment of a mortgage (hereinafter referred to as “registration No. 65,000,000 won”) with respect to each real estate listed in the separate sheet owned by the Plaintiff, and the registration of the establishment of a mortgage (hereinafter referred to as “registration No. 13716, May 20, 2015”) against the maximum amount of claims No. 31728, which was received on December 8, 2014.

B. As to the real estate under paragraph (7) of this Article, the above reinforcement registry office completed the registration of creation of a neighboring mortgage (hereinafter “registration No. 1”) with the maximum debt amount of KRW 130,000,000, and the debtor B and the mortgagee as the defendant, as prescribed by Article 25875 on October 6, 2014.

C. As to the real estate of paragraphs 1 through 6, 8, and 9, the above reinforcement registry office completed the registration of creation of a mortgage (hereinafter “net 4 registration”) with the maximum debt amount of KRW 60,000,000,000, the debtor, the plaintiff, and the mortgagee M, as of February 22, 2016, and the additional registration of the transfer of the right to collateral security to the defendant was completed on the ground of the transfer of the confirmed claim as of March 8, 2016, the additional registration of the transfer of the right to collateral security to the defendant was completed on the ground of the transfer of the confirmed claim as of March 8, 2016.

The defendant applied for a voluntary auction of each real estate of this case to Incheon District Court D, based on the sequence 2 and 3 registration, and received a voluntary decision on commencement of auction from the above court, and the registration of the voluntary decision on commencement of auction was completed on March 22, 2016 by the above reinforcement registry office as the receipt of the above reinforcement registry office No. 6474.

E. On June 3, 2016, the Plaintiff paid the Defendant a sum of KRW 195,00,000,000 (i.e., KRW 130,000,000) for the maximum debt amount of No. 2 and 3 registrations in order to obtain KRW 65,000,000 in order to the effect that the Plaintiff intended to cancel the registration Nos. 2 and 3, but the Defendant refused to accept the registration.

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