(영문) 서울남부지방법원 2019.11.29 2019가합488

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(영문) 서울남부지방법원 2019.11.29 2019가합488

근저당권설정등기 말소

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1. The defendant received on October 18, 1994 from the Seoul Southern District Court as to the real estate stated in the attached list from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff acquired ownership of each real estate listed in the separate sheet (hereinafter “instant real estate”) around 191 and around 1992.

B. The Plaintiff concluded a mortgage agreement with D, the Defendant, and E (after the merger, E was succeeded to FF corporation) to provide the instant real estate as security in order to assist C, a liquor sales company, and completed the registration of establishment of each of the following points stated in the purport of the claim regarding the instant real estate.

1) On October 18, 1994, No. 61345 (Contract concluded on October 18, 1994; hereinafter “the establishment registration of the first place of establishment”) dated 18, 1994

- - The maximum debt amount of KRW 200,000 - The debtor C- the mortgagee D, the defendant, and E-2) on November 8, 1995 (the contract to establish a mortgage on November 6, 1995; hereinafter referred to as "the creation of a mortgage on the second place of service") - The maximum debt amount of KRW 170,00,000 - The debtor C- the debtor C- the mortgagee D, the defendant, and E corporation [based on recognition] without any dispute, the entry of No. 1 (including a serial number, hereinafter the same shall apply), and the purport of the entire pleadings.

2. As to the cause of claim

A. In full view of the purport of the argument as to the claim for the cancellation registration of the registration of the establishment of the first place of the establishment of a mortgage, the registration of the alteration of the right to collateral security, which adds “G Co., Ltd.,” and “H Co., Ltd.,” to “B Co., Ltd.,” on the ground of the signing of the contract on January 4, 2002 as of December 13, 2001, was cancelled ex officio on the ground of the erroneous discovery on February 14, 2002. At the same time, the foregoing registration was cancelled, on the ground of the following: (a) the right to collateral security on part of the instant real estate was transferred to “I Co., Ltd. and JJ Co., Ltd.,” and (b) the right to collateral security on part of the instant real estate was transferred to “part of the Defendant’s shares,

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