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(영문) 수원지방법원 2015.06.23 2014가단55280
근저당권말소
Text

1. The plaintiff's lawsuit against the defendant B is based on the transfer of each right to collateral security which was completed with respect to the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On December 19, 2001, E completed the registration of share ownership transfer on December 19, 2001 with respect to the share of 336/576/57 (hereinafter “instant land”) out of 173 square meters in Masung-si. The Plaintiff completed the registration of share ownership transfer on August 23, 2012.

B. As to the instant land, the registration of creation of a collateral in the name of the obligor F, the mortgagee F, the mortgagee B, C, and G, and H (hereinafter “instant collateral”) was completed on February 8, 2002 with respect to the instant land. At the time of the creation of the said collateral, E shares out of I I real estate were set as joint collateral.

C. (1) Of the instant right to collateral security, the shares of Defendant C were transferred to J on May 7, 2003, and the supplementary registration was completed on September 25, 2014. (2) Of the instant right to collateral security, the shares were transferred to K on July 22, 2014, and the supplementary registration was completed as the shares were transferred to Defendant B on the same day. (3) Of the instant right to collateral security, H (name L) shares were transferred to Defendant B on March 26, 2015 and the supplementary registration was completed.

(hereinafter “instant supplementary registration” is added to the aforementioned supplementary registrations of the transfer of each right to collateral security in Defendant B.

(1) On December 19, 2001, E completed the share ownership transfer registration with respect to the share of 1154/1165 square meters (hereinafter “I land”) out of 1279 square meters in 1279 square meters in Masung-si, and on April 1, 2003, K completed the share ownership transfer registration.

(2) On February 8, 2002, the establishment registration of a neighboring mortgage under the name of the debtor F, the debtor F, the mortgagee B, C and G, and H (hereinafter “I-mortgage”) was completed with respect to I-mortgage, and the shares in I-mortgage G were transferred to M on November 26, 2004 and completed additional registration.

(3) On July 25, 2003, H rendered a voluntary decision to commence the auction on land, but withdrawn the above request on November 15, 2004. M voluntarily received a decision to commence the auction on September 26, 2013 from Suwon District CourtO on September 26, 2013.

Grounds for recognition: A1, B 1, and B 2-1

2. Defendant B’s main defense and supplementary registration of this case

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