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(영문) 서울중앙지방법원 2017.12.15 2017가단5061832
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D around June 29, 1983, purchased an aggregate building of 1,514 square meters in Yongsan-gu Seoul Metropolitan Government E (hereinafter “instant site”), and around December 7, 1984, newly constructed an aggregate building of 3rd and 5th above ground on that ground (hereinafter “instant building”).

B. Of the instant land, on December 31, 1984, the registration of the establishment of a neighboring mortgage (hereinafter “the first neighboring mortgage”) was completed in the name of the Seoul Western District Court as of December 31, 1984 with respect to the portion owned D’s shares 2675/1514, and the registration of the establishment of a neighboring mortgage (hereinafter “the first neighboring mortgage”) was completed in the name of the Seoul Trust Bank, Seoul Trust Bank. On August 27, 2004 with respect to the first collateral mortgage of this case, the registration was completed in the front of the limited company specialized in the Seoul Nowon-gu Seoul Seoul Seoul Seoul First Time Asset-backed Securitization as of June 27, 2003.

C. On October 14, 1986, the registration of the establishment of a neighboring mortgage (hereinafter “the second neighboring mortgage”) was completed in the name of Seoul Trust Bank as of October 14, 1986 with respect to the portion of D-owned 302/1514 out of the instant land, and the registration of the establishment of a neighboring mortgage (hereinafter “the second neighboring mortgage”) was completed in the name of Seoul Trust Bank, Seoul Trust Bank. On October 18, 2004, the above registration office received on October 18, 2004 with respect to the second neighboring mortgage of this case, and the registration was completed in the additional registration of the transfer of the right to collateral security due to the transfer of contract on June 27, 2003.

Based on the instant mortgage Nos. 1 and 2, the auction procedure has been in progress with respect to the shares owned D, 331.47/1514 of the instant site (hereinafter “the shares of the instant site”), and as to the shares of 2,983.23/30,280 of the shares on August 24, 2007, Defendant C and F in the future, Defendant C and F in the future, 331.47/30,280 shares were completed as to the shares of 1,657.35/30,280 shares on April 13, 2007.

E. The Defendants, F, and G do not own each section of exclusive ownership of the instant building.

F. The Plaintiff is a 6-1/2 equity ownership of the second floor among the instant building.

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