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(영문) 대구지방법원 2015.02.13 2014가단104169
근저당권말소등기의회복등기절차이행청구등
Text

1. The Plaintiff:

A. As to each real estate listed in the separate sheet, Defendant B Co., Ltd., the Suwon District Court.

Reasons

1. Facts of recognition;

A. As to each real estate listed in the separate sheet owned by Defendant B Co., Ltd. (hereinafter “Defendant B”) (hereinafter “each of the instant real estate”), the Suwon District Court completed the registration of the establishment of each of the following neighboring mortgages (hereinafter “registration of establishment of each of the instant real estate”) that became the obligor B, the obligor B, and the Plaintiff on January 15, 2013 as the receipt of the maximum debt amount of KRW 180,000,000,000,000,000,000 won, and the maximum debt amount of claims

B. Before each of the instant collateral mortgages was created, the right to collateral security was established on November 2, 2012 with respect to each of the instant real property, which was KRW 1 billion with the maximum debt amount, and on November 2, 2012 with respect to the debtor B, and Defendant 1’s month with the mortgagee.

C. After that, on April 23, 2013, the registration of creation of each of the instant collateral mortgages was revoked on the ground of termination as stipulated by the receipt of the Sungwon District Court’s Registry No. 62632, respectively.

(hereinafter “Registration of Cancellation of Registration of Establishment of Mortgage near each of the instant cases”) D.

After the registration of establishment of each of the instant real estate was cancelled, the provisional registration of the right to claim ownership transfer under the name of Defendant KNC Co., Ltd. (hereinafter “Defendant KNC”), which was made on August 13, 2013 as the receipt of the foregoing registry office No. 126000 on August 9, 2013, the provisional registration of the right to claim ownership transfer under the name of Defendant KNC Co., Ltd. (hereinafter “Defendant KNC”), (2) on December 10, 2013, the attachment registration under the name of Defendant Republic of Korea (hereinafter “Defendant Korea”), (3) on April 23, 2013, under the receipt of the above registry office, was completed on April 6277, 201, and each of the registration of establishment of chonsegwon was completed under the name of Defendant KNFC on June 8, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 4-1 to 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The registration of cancellation of the registration of establishment of the establishment of each of the instant claims by the Plaintiff is Defendant B or above.

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