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1. Of the judgment of the court of first instance, the Plaintiff’s registration of cancellation and recovery of additional registration prior to provisional registration against the Defendants is relevant.
Reasons
1. Basic facts
A. The Plaintiff’s provisional registration of security and the acquisition of collateral security 1) X corporation (hereinafter “X”).
(B) The apartment of the size of the 15th and the 2nd underground floor (hereinafter “instant apartment”) newly constructed on the Busan BY and five parcels.
On June 23, 2005, registration of preservation of ownership was completed in X name. 2) On July 11, 2005 and July 21, 2015, X completed the registration of transfer of ownership security (hereinafter “each of the instant provisional registrations”) on each of the instant apartment buildings listed in the separate sheet No. 2 (hereinafter “each of the instant buildings”) on July 21, 2005, in the future of the Z Co., Ltd. (AA corporation after the alteration) on July 8, 2005.
After that, on January 3, 2007, the Z Co., Ltd. completed the additional registration prior to the provisional registration of this case on the ground of the transfer contract on December 28, 2006 with respect to each of the buildings of this case in the future of the plaintiff.
3) Meanwhile, on July 6, 2005, X had completed the registration of creation of a mortgage over each of the above buildings with the joint collateral of the building listed in paragraph (1) of the attached Table 2 (AH) and of paragraph (1) of the attached Table 2 (AH) and AI, AJhoho, and AK as joint collateral of each of the above buildings: (2) the registration of creation of a mortgage over the maximum debt amount of KRW 200 million as to each of the above buildings as joint collateral of AL, AM, Nho, and AO; (3) the registration of creation of a mortgage over the maximum debt amount of the above buildings as joint collateral of AP, AP, Q Q, AR, and AS as joint collateral of each of the above buildings; and (1) the registration of cancellation of the registration of the establishment of a mortgage over AI, AK as to each of the above buildings, extinguishing this part of the maximum debt amount of the above joint collateral; and (3) the registration of creation of a mortgage over each of the above buildings as joint collateral of this case is changed to KRW 100 million (10 million.
On August 2, 2006, the Plaintiff acquired each of the instant collective security rights and completed the supplementary registration of each of the instant collective security rights.
(b).