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(영문) 수원지방법원성남지원 2015.02.03 2014가합4190
근저당권설정등기말소 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The facts following the facts of the basis may be found either in dispute between the parties or in each entry in Gap evidence 2 and Eul evidence 1 to 2 (including branch numbers), together with the whole purport of the pleadings:

Eichip (hereinafter referred to as “non-party company”) designated on March 29, 2007 as the due date for repayment of KRW 2,000,000 from the Han Bank Co., Ltd. (hereinafter referred to as “I Bank”) and received loans on March 29, 2008.

(hereinafter “instant loan agreement”). B.

As security for loan obligations under the instant loan agreement, each real estate listed in the separate list of real estate (hereinafter referred to as “each real estate of this case”) listed in the separate list of real estate (hereinafter referred to as “the number in full”) was completed on March 29, 2007 with respect to the Suwon District Court’s Sung-nam Branch Branch of the Sung-nam Branch of the Sung-nam Branch of the Sungwon District Court, No. 21630, Mar. 29, 2007, as of March 29, 2007, the joint mortgage creation registration (hereinafter referred to as “the creation registration registration of the neighboring real estate of this case”). At the time, the first, second real estate owners, third, and fourth real estate owners were the appointed parties (hereinafter referred to as “the Plaintiff”), 5, 6, and 7 real estate owners were the owners of the Plaintiff (the appointed party; hereinafter referred to as “Plaintiff”).

C. On October 9, 2008, Hana Bank concluded an asset transfer agreement with the Defendant and transferred the claim for the loan to the non-party company (hereinafter “the instant contract for the assignment of claims”), and on November 20, 2008, notified the non-party company of the above assignment of claims. On December 1, 2008, Suwon District Court issued a supplementary registration prior to the registration of the establishment of the establishment of the instant neighboring mortgage to the Defendant as the registration office of Sung-nam branch of the Sungwon District Court was 6035 on December 1, 2008.

On August 6, 2009, the Defendant applied for the voluntary auction of each of the instant real estate to Suwon District Court Sung-nam Branch C, and the registration of establishment of the instant neighboring real estate was the 2 and 4 real estate on February 6, 2012.

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