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(영문) 서울남부지방법원 2018.11.07 2018가단7126
근저당권설정등기 부존재확인
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Basic facts

A. During the process of concluding a mortgage contract, D Co., Ltd. (1) (hereinafter “D”) owned Fho Lake (hereinafter “previous Building”) among the shares of 5,632/7,312 shares in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and the second floor market of the second floor, the former building was removed on the instant land and entered into a construction contract with G Co., Ltd. (hereinafter “G”) on June 7, 1996 to build a main complex building.

(2) In order to secure 610,320,90 won borrowed from G before and after the conclusion of the said contract, D entered into a mortgage agreement with G on October 6, 1995, which covers 2,642/7,312 shares of the instant land and 650,000 won of the maximum debt amount for the previous building, and the registration office of the establishment of a neighboring mortgage was completed on October 18, 1995 by the Seoul District Court, the South Branch Branch of the Seoul District Court, the registration office of the Seoul District Court, No. 59289, Oct. 18, 1995.

(hereinafter “instant collateral security”). B.

The removal of the previous building and the new construction of the main complex building were demolished around July 1996, and around August 2006, the main complex building with the size of 2nd underground and 10th ground surface (hereinafter “instant aggregate building”) was newly constructed on the ground of the instant land. Among the instant aggregate buildings, some of the underground floors and 1st underground floors are parking lots, and the remaining 1st underground floors through 4th underground and 5th through 10th underground.

C. The Plaintiff (1) acquired ownership on May 7, 2009 upon payment in lieu of H, among the instant aggregate buildings, on May 7, 2009. The Selection I and J acquired the ownership (right to share public land) on March 7, 201 after payment in lieu of K, and the Selection L and M acquired ownership (right to share public land) on May 7, 2009 on May 7, 2009.

On the other hand, the representativeO is from Q Q where P was paid in lieu of the instant aggregate building.

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