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(영문) 서울남부지방법원 2017.09.14 2016가단33589
근저당 채권최고액 원금 잔액 확인
Text

1. The rejection of the application for succession by the plaintiff (applicant) shall be made;

2. The plaintiff (applicant)'s primary claim.

Reasons

1. The summary of the Plaintiff’s assertion is the Plaintiff’s co-ownership right (2645 shares) of D-W large 363.7 square meters (hereinafter “the instant land”) in Gangseo-gu Seoul Metropolitan Government, which is the owner of each real estate (hereinafter “each of the instant buildings”) indicated in the separate sheet (hereinafter “each of the instant buildings”) located on the ground of the instant land, E, and F, the owner of each of the instant buildings of 101, 102, 303, 304, 401-406, 401-406, 506, 16 units E, and 201-206, 301, 302, 305, 306 units, and 10 units owned by F, respectively.

The Seoul Southern District Court 2015 Ma6693 (principal lawsuit), 2016 Ma10162 (Counterclaim) and claims based on the decision of the G case in Seoul Southern District Court.

E and F are in insolvent, and E and F’s active property are only the building of this case. The Defendant’s right to collateral security (Seoul Southern District Court’s registration date No. 83277, Dec. 16, 2014; the right to collateral security (the right to collateral security of this case was terminated under the Plaintiff’s name as of Oct. 22, 2015) held with respect to each of the buildings of this case, and the additional registration of the right to collateral security transfer under the Defendant’s name was completed as of Oct. 12, 2015 due to the assignment of claim on Oct. 22, 2015; hereinafter “the right to collateral security of this case”) still remains even if the secured claim does not actually exist, and there is a possibility that the Plaintiff may still face a shortage of dividends when receiving dividends in the compulsory execution procedure of the building of this case. Accordingly, the Plaintiff primarily seeks the cancellation of the right to collateral security

The Plaintiff did not specify the other party to the registration procedure for cancellation of the registration of the establishment of a neighboring building of this case in accordance with the primary purport of the claim. However, the Plaintiff wants to request E to implement the registration procedure for cancellation of the registration of the establishment of a neighboring building of this case, and F to implement the construction of the building of this case to E.

On the other hand, on March 30, 2017, the transferee entered into a pledge agreement on the instant mortgage, and on April 30, 2017.

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