As the registration of transfer of ownership is completed, the secured claim is extinguished;

Since the right to claim for transfer registration of ownership is registered as a collateral to secure a damage claim to be converted in the event of the non-performance, or a claim for refund of the purchase price, it can be said that the secured claim has ceased to exist due to the completion

2014 Ghana 13627 De-mortgage

Gangwon A

Republic of Korea and three others

October 10, 2014

October 31, 2014

1. With respect to the Plaintiff, 00 00 00 - 00 - 00 - 65 1,848 m2:

A. The JCC, the bankruptcy trustee of the defendant KimB, performed the registration procedure for cancellation of the registration of establishment of a mortgage in the nearest area completed by the district court No. 29414 on April 30, 1996;

B. As to the registration of cancellation of the registration of the establishment of the above neighboring mortgage, Defendant Kenya, 00 . Korea expressed its intention of each acceptance.

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

The same shall apply to the order.

1. Accidents pertaining to the cause of the claim;

(a) Facts of recognition;

1) On December 14, 1994, KimB purchased from Kim E-E 00,000 - 00 - 00 -00 - 00 - 00 - 00 - 65 - 1,848 m2 (hereinafter “instant land”). However, on April 30, 1996 without completing the registration of ownership transfer, KimB completed the registration of creation of a neighboring mortgage (hereinafter “the registration of creation of a neighboring mortgage”) with respect to the instant land at KRW 70,000 on April 30, 1996.

2) After that, KimB sold the instant land to the Plaintiff on December 26, 1997, and at the request of KimB, KimE completed the registration of ownership transfer with respect to the instant land on April 8, 2005.

3) As to the registration of establishment of the instant neighboring mortgage, Defendant Kenya completed the registration of attachment of the right to collateral security on April 25, 2012; Defendant 00: (a) the registration of attachment of the right to collateral security on September 21, 2012; and (b) the Defendant Republic of Korea completed the registration of attachment of each right to collateral security on November 13, 2013 and January 6, 2014.

4) On March 26, 2012, the 00 District Court declared bankruptcy against KimB as of March 26, 2012, 201Hadan8129, and appointed attorneys JCC as bankruptcy trustee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 6, purport of whole pleadings

(b) Fact of recognition;

According to the above facts, the registration of the establishment of the ownership of the instant land was established in order to secure the damage claim to be converted into KimB when KimB did not comply with the claims for the transfer of ownership or the claims for the refund of the purchase price. On April 8, 2005, the registration of the establishment of the ownership of the instant land was completed from KimE to the Plaintiff on the ground that the registration of the transfer of ownership of the instant land was terminated.

Thus, the plaintiff is obligated to cancel the registration of establishment of the creation of the neighboring mortgage of this case, and the remaining defendants who completed the registration of seizure as to the right to collateral on which the secured claim has already been extinguished are obligated to express their consent as a third party having interests in the registration as to the cancellation of the registration of establishment of the neighboring mortgage of this case.

2. Conclusion

Therefore, the plaintiff's claim against the defendants is accepted on the ground of the reasons.