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(영문) 부산지방법원 2016.11.30 2014가합5619
근저당권말소
Text

1. Of the instant lawsuit, each of the real estate listed in the separate list Nos. 8, 9, and 10 against the Defendants is included in the pertinent lawsuit.

Reasons

1. Basic facts

A. The Plaintiff and D share 1/2 shares each of the real estate listed in the separate sheet, and D are the Plaintiff’s children.

B. On July 23, 2012, as to each real estate listed in the separate sheet, the document establishing a collateral security agreement (hereinafter “the document establishing a collateral security agreement”) under the name of the Defendant Gyeongnam Savings Bank Co., Ltd. (hereinafter “Defendant Gyeongnam Savings Bank”) with respect to each real estate listed in the separate sheet as of July 23, 2012, was prepared in the name of D and the Plaintiff.

The Defendant Gyeongnam Savings Bank completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) under the Busan District Court Gangseo-gu Office No. 18348, July 23, 2012, on the grounds of the above mortgage contract regarding each real estate listed in the separate sheet.

B) Each of the real estates listed in [Attachment List 1 to 7] as of July 23, 2013 (hereinafter “each of the instant real estates”) is classified as “each of the instant real estates.”

(3) As to the establishment of a superficies (30 years from the date of registration of establishment of duration) under the name of the Defendant Gyeongnam Savings Bank (hereinafter “the superficies contract of this case”).

A) was drafted in the name of D and the Plaintiff. Defendant Gyeongnam Savings Bank is the registration of creation of superficies (hereinafter “registration of creation of superficies of this case”) by the Gangseo-gu District Court No. 18349, Jul. 23, 2012, on the ground of the above contract to establish superficies on each of the instant real estate.

(C) On August 6, 2012, with respect to each real estate listed in the separate sheet as of August 6, 2012, the creditor of the right to collateral security in the name of the defendant Gyeongnam Savings Bank, the defendant Gyeongnam Savings Bank, the debtor D, and the debtor D.

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