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(영문) 대구지방법원서부지원 2015.11.04 2015가단2007
근저당권설정등기말소
Text

1. On August 2, 2001, the Defendant received on August 2, 2001 from the Daegu District Court.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) was jointly owned by Nonparty C, D, E, and F each share of 1/4. However, on November 8, 1999, G completed the registration of the right to claim a transfer of shares based on the purchase and sale reservation. On March 2, 2001, G completed the principal registration based on the above provisional registration (No. 5 of the registry; hereinafter “F shares”) and completed the registration on March 2, 2001, H completed the registration of the principal registration based on the above provisional registration (No. 15,00,000 won for the said shares.

B. The entire D’s share among the instant real estate was transferred to I on November 7, 1996, and G purchased the entire share from I on July 2, 2001 and completed the registration of ownership transfer on August 2, 2001.

(No. 8 of the registry No. 8, hereinafter referred to as "No. 8 of the A").

On July 28, 2001, the Defendant entered into a mortgage agreement with the Defendant on July 28, 2001 with respect to the whole amount of G shares (the entire amount of Nos. 5 and No. 8 shares) of each of the instant real estate (the entire amount of No. 5 and No. 8 shares) as G, and the debtor as the debtor. On August 2, 2001, the Defendant completed the registration of the establishment of a neighboring mortgage agreement under the name of the Defendant as the Daegu District Court racing Support, Daegu District Court No. 38527, Aug. 2, 2001.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) D.

He sold the above shares on February 1, 2002 in the voluntary auction procedure for which he applied for the shares No. 5 of the Gu, thereby extinguishing the Defendant’s right to collateral security regarding the above shares. Accordingly, on February 25, 2002, the registration of change of the right to collateral security changed the purpose of the instant right to collateral security into the shares No. 8 of the Gu.

E. On January 29, 2002, J prepared and delivered to the Defendant a letter of intent to pay KRW 9,000,000 to the Defendant by the end of December 2002.

F. The Plaintiff purchased shares No. 8 from G on January 3, 2013, and completed the registration of ownership transfer on January 17, 201.

[Judgment of the court below]

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