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(영문) 수원지방법원 2018.05.30 2016가단551720
근저당권말소등
Text

1. The plaintiff's lawsuit of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are acknowledged in full view of the records of this case, the records of this court, significant facts in this court, and the purport of entire pleadings.

A. On June 19, 2013, the Plaintiff filed a lawsuit against the Defendants for the cancellation of the establishment registration of a mortgage (hereinafter referred to as the “prior lawsuit”) by Suwon District Court 2013Kadan6672, which became the background of the prior lawsuit is as follows: (a) the first instance trial and its appellate trial; and (b) the first instance trial and the final appeal lawsuit; and (c) the facts constituting the background of the prior lawsuit are as follows.

1) Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”)

) The EPC Co., Ltd. (hereinafter referred to as “ EPC”)

2) On October 1, 2008, the registration of initial ownership was completed under the name of the Republic of Korea on January 9, 2009. 2) On the first of October 1, 2008, SCC entered into a mortgage agreement with SCC on each of the instant real estate as the maximum debt amount of KRW 420 million with respect to each of the instant real estate with SCCC Co., Ltd. (hereinafter “SCC”) and the obligor, DCCCCCCCCCCCCCCCCCCCCCCCCCCC, and completed the registration of initial ownership on February 20, 209 (hereinafter “the establishment of a mortgage agreement of this case”). On February 20, 2009, the Suwon District Court Registry of KNC concluded the registration of initial mortgage (hereinafter “the establishment of a mortgage of this case”) based on the said mortgage agreement.

3. On February 27, 2009, on the registration of the establishment of the mortgage of this case to Defendant B on February 27, 2009, the registration of the partial transfer of the right to collateral security was completed on February 26, 2009 by the Suwon District Court Registry No. 26263, which was received on February 27, 2009, on the ground that the partial transfer of the right to collateral security was made to Defendant B, and Defendant B again on January 21, 2010, with regard to KRW 130 million from the registration of the establishment of the right to collateral security of this case to Defendant C on January 21, 2010

1. On January 21, 2010, the same registry office completed the supplementary registration of partial transfer of collateral security (No. 8601), which was received on January 21, 2010.

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