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(영문) 서울고등법원 2016.10.28 2016나2031723
근저당권말소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. A. A. M.com’s building acquisition 1) E.K.’s five underground floors, an aggregate building under the Act on Ownership and Management of Condominium Buildings, in Suwon-si, Suwon-si, 1995, and 19 floors above the ground (a.e., sales facilities, neighboring living facilities, up to five floors above the ground, and apartments from 6 to 19 floors above the ground; hereinafter “instant building”).

(1) On September 2, 1995, the Ministry of Land, Infrastructure and Transport newly constructed a new building and registered the preservation of ownership on each sectional building (Evidence A No. 1 and 3) (2) A.M...com (hereinafter “M.com”) purchased part of a sectional building from the first to the fifth floor above the ground of the instant building, which is the part of sales facilities neighboring living facilities on September 2, 2000, and completed the registration of ownership transfer on September 2, 200.

(A) The promotion mutual savings bank (mutual name on March 19, 2002, and the promotion mutual savings bank on September 3, 2010, respectively changed into the promotion mutual savings bank on September 3, 2010;

The Promotion Savings Bank (hereinafter referred to as “Promotion Savings Bank”)

(2) On September 2, 200, with respect to each of the above sections, a mortgage agreement was concluded with respect to each of the above sections, with the debtor A.com, the Korea Bank for Promotion of Mortgage, the Bank for Promotion of Mortgage, and the maximum debt amount of 5.4 billion won as stated in the purport of the claim as to each of the above sections, with respect to each of the following sub-sections: (a) obligation arising from bills, discount notes, loan credit fraternity, credit transaction, credit transaction, and other credit transaction; (b) obligation on bills or checks; (c) interest obligation; (d) obligation on bills or checks; (e) obligation; (e) obligation on deposit; (e) obligation on deposit; (e) obligation on deposit; (e) obligation on deposit; and (e) obligation on other credit transaction; and (e) obligation on other credit transaction. (e) The above

4) On September 22, 2000, M.com entered into a trust agreement with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on each of the above sections, and made a trust agreement on September 23, 200.

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