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(영문) 서울중앙지방법원 2019.09.26 2018가단5058062
근저당권말소
Text

1. The defendant shall support the plaintiff with respect to the 3051 square meters of woodland C in Ansan-si, Ansan-gu, Suwon-si.

Reasons

1. Basic facts

A. The Plaintiff is a non-profit medical corporation with the purpose of establishing and operating a medical institution, providing community residents with relief and making a tour of the non-resident villages, and the Defendant is a bankruptcy trustee of the bankruptcy debtor B (hereinafter “bankruptcy debtor”).

B. On May 2, 2003, the Plaintiff borrowed KRW 3.6 billion from the bankrupt debtor on May 2, 2003, and on May 6, 2003, the Plaintiff completed the registration of creation of superficies for the purpose of owning a reinforced concrete building on the instant land from May 3, 2003 to 30 years from May 3, 2003, with the land indicated in paragraph (1) of this Article (hereinafter “instant land”) and the land indicated in paragraph (1) of this Article as joint collateral and the same Gu D E-Ground land (hereinafter “D land and building”).

C. On December 14, 2004, the Plaintiff held a temporary directors meeting to the effect that the Plaintiff’s basic property (the instant land, D land, and buildings) is secured by the Plaintiff’s loan (the principal amount of KRW 3.6 billion, interest rate of KRW 11 per annum) from F (hereinafter “F”) due to the maturity of the loan period for the debtor to the bankrupt debtor, and decided on the said agenda.

In addition, on December 30, 2004, the Plaintiff received “security and loan for fundamental property” from the Mayor of Seoul Special Metropolitan City to provide the above fundamental property as security with F’s obligation of KRW 3.6 billion for five years.

On January 7, 2005, the Plaintiff obtained a loan of KRW 3.6 billion from F, and repaid the existing KRW 3.6 billion to the bankrupt debtor, and cancelled the registration of the establishment of a neighboring mortgage in the name of the bankrupt debtor, which was established on the instant land, D land, and building, and the registration of the establishment of a superficies established on the instant land.

In addition, F on the same day, ‘the right to collateral security of KRW 5,040,000 with the land, D land and building as the joint collateral'.

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