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(영문) 서울고등법원 2018.02.09 2017나2057302
근저당권말소
Text

1. Revocation of the first instance judgment.

2. The Plaintiff:

A. Defendant Nonghyup Bank Co., Ltd is listed in the attached real estate list.

Reasons

1. Basic facts

A. The status of the parties 1) The Plaintiff’s clan is a clan set up in D. 14 years old, which is a adult male and female descendants aged above 20. The Plaintiff’s clan appointed K as the president and L as vice president at an extraordinary general meeting held on February 11, 2007. 2) The Plaintiff’s clan owned each land set forth in 1 and 2 of the annexed list of real estate.

Plaintiff

A clan decided to build a commercial building on August 23, 201 on the land listed in No. 1 of the list of real estate attached hereto.

Plaintiff

On November 19, 2012, a clan newly constructed each building listed in No. 3 and 4 of the list of real estate (hereinafter referred to as "M commercial") on the land listed in No. 1 of the list of real estate attached hereto, and completed the registration of preservation of ownership in the name of the plaintiff clan.

B. Around April 3, 2012, K, the president of the Plaintiff’s clan, took up approximately KRW 500 million under the name of the Plaintiff’s clan. To secure this, K established the right to collateral security of each land indicated in [Attachment] No. 1 and 2 of the real estate list No. 1 and [Attachment] on April 4, 2012. (2] K borrowed KRW 700 million from the Defendant Nonghyup Co., Ltd. (hereinafter “Defendant Nonghyup Bank”) under the name of the Plaintiff’s clan on November 19, 2012.

In order to secure this, K set up a collateral security (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “Defendant Nonghyup Bank”) with respect to each real estate listed

K repaid the loan obligation to N with the loan granted by Defendant Nonghyup Bank, and cancelled the N-mortgage in the name of N.

C. On April 9, 2015, 1K following the establishment of the right to collateral security in the name of Defendant B was the representative of the Plaintiff clan, and as to the building indicated in attached Table No. 4, one of Defendant B and M commercial buildings, Defendant B.

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