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(영문) 대구지방법원안동지원 2016.08.24 2016가단127
근저당권등말소등기
Text

1. The defendant (Counterclaim Plaintiff, the appointed party) and the appointed party D and E are listed in the separate sheet to the plaintiff (Counterclaim defendant).

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings, either of the parties to a dispute or of Gap evidence 1-1, 2, 3, 2-1, 2-2.

The Plaintiffs, on December 3, 2015, purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from F on December 3, 2015 (hereinafter “instant sales contract”) and completed the registration of transfer of ownership (hereinafter “each of the instant real estate transfer”) by 1/2 shares on December 4, 2015, respectively.

B. The establishment of the right to collateral security and superficies regarding each of the instant real estates 1) The establishment of the right to collateral security and superficies regarding each of the instant real estates is registered (hereinafter “the creation of the right to collateral security”) with respect to the establishment of the right to collateral security, which constituted the maximum debt amount of KRW 600 million, the debtor F, and the Defendants of the collective security holders,

(2) The registration of creation of superficies (hereinafter “registration of creation of superficies of this case”) was completed on March 5, 2012, which became the Defendant C with superficies (hereinafter “registration of creation of superficies of this case”) as of March 5, 2012.

3) Real estate listed in attached Form 1 (hereinafter “real estate 1”) shall be the real estate listed in attached Table 1.

(1) As to the establishment registration of a mortgage (hereinafter “the creation registration of a mortgage No. 2”) with respect to the establishment of a mortgage (hereinafter “the creation of a mortgage No. 2”) comprised of KRW 150 million with respect to the maximum debt amount, KRW 150 million with respect to July 16, 2012

C) As to each of the instant real estate at issue, the decision on voluntary commencement of auction was completed. On August 9, 2013, the decision on voluntary commencement of auction (creditor E) and the decision on voluntary commencement of auction (creditor C and D), which had been rendered to the Daegu District Court Branch Branch H on February 25, 2014, respectively. D. The Plaintiffs’ repayment deposit 1) on January 12, 2016, were deposited with the designated parties under the Daegu District Court Branch Branch Branch 39 on January 12, 2016, as the grounds for the deposit of the refusal of receipt, as the deposit amount of KRW 608,243,200 + the maximum debt amount as to the registration on the establishment of a new mortgage and the registration on the establishment of a superficies of this case.

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