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(영문) 대구지방법원 2015.05.28 2013가합9707
근저당권말소 등
Text

1. The part requested by subrogation among the lawsuits in this case shall be dismissed.

2. The plaintiff's remainder against the defendants.

Reasons

1. Basic facts

A. Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) is an executor of the development project of D apartment (E apartment) 4, 499 households and ancillary facilities (hereinafter “instant apartment”) on the ground of Busan City, Busan, the development project of the land, and Samhwa Bank and the Defendant Bank are financial institutions that lend funds to the Nonparty Co., Ltd. for the development project.

B. On October 11, 2005, the non-party company entered into a housing sale guarantee contract with the non-party housing guarantee company (hereinafter "Korean housing guarantee company") and the non-party company with respect to the apartment sale business of this case to bear the responsibility for the performance of the sales contract or the repayment of the down payment and the intermediate payment to the guarantee creditor in the event of a guarantee accident with respect to the apartment sale business of this case. The non-party company obtained approval for the announcement of the announcement of the public announcement on October 13,

C. On September 30, 2005, the non-party company contracted the construction work of the instant apartment at KRW 19 billion for the construction cost to the non-party Sejong District Co., Ltd. (hereinafter “Saunch”).

In November 9, 2006, Sk Chang had suspended construction due to the default of payment. On the other hand, the Seoul Central District Court 2006Kadan6486 applied for provisional seizure against the non-party company against the apartment 274 households and 20 households of the apartment among the apartment of this case where the unregistered real estate had not been registered as the preserved right. The above court decided to accept the above provisional seizure application on November 6, 2006, and the registration of preservation of ownership and provisional seizure was completed on November 9, 2006 by commission.

In accordance with Article 40 of the Housing Act on December 29, 2006, the non-party company established a limited real right on the relevant house or puts restrictions on ownership such as seizure, provisional seizure, provisional disposition, etc. without obtaining the consent of the prospective occupants, each real estate of this case, the registration of ownership of which was completed in accordance with the Registration of Real Estate Act.

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