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(영문) 창원지방법원 통영지원 2018.06.12 2017가단25238
근저당권말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On April 20, 200, F completed the registration of ownership transfer on April 20, 200 with respect to the land of this case with respect to the 924 square meters (hereinafter “instant land”).

As to the instant land on May 21, 2013, Defendant B and Defendant C Co., Ltd. concluded the registration of creation of a neighboring mortgage by determining the maximum debt amount to be KRW 250,000,000, and the debtor G Co., Ltd and H Co., Ltd. as the maximum debt

(2) On November 9, 2016, Defendant D completed the additional registration of the transfer of the right to collateral security on the ground of the transfer of a contract made on October 20, 2016 with respect to the registration of the establishment of the right to collateral security (hereinafter “the creation of the right to collateral security”).

(2) On March 19, 2015, the Plaintiff completed the registration of creation of a superficies on the same day by determining the maximum debt amount of the instant land as KRW 200,000,000 and the debtor H Co., Ltd.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The supplementary registration of the transfer of the right to the right to the registration of the establishment of a new right by the transfer of the right to the right to the establishment of a new right is sufficient to make a claim for the cancellation of the registration of the establishment of a new right to the extent that the succession to the right by the registration of the establishment of a new right is not derived from the registration, and the transferor is not qualified for the defendant in the claim

In addition, the supplementary registration prior to the establishment of a right to collateral security is dependent on the registration of the establishment of a right to collateral security, which is the existing principal registration, and thus constitutes the entire principal registration, and thus, the obligation to collateral security is extinguished, or when the establishment of a right to collateral security is null and void, only the cancellation of the registration of the establishment of a right to collateral security, which is the principal registration, is sought, and the supplementary registration is cancelled ex officio upon cancellation of the principal registration, unless otherwise seeking for cancellation (see, e.g., Supreme Court Decision 95Da7550, May 26,

The plaintiff is the defendant B and .

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