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(영문) 수원지방법원 2019.01.15 2018나65019
근저당권설정등기말소 청구의 소
Text

1. Revocation of the first instance judgment.

Defendant:

A. As to the real estate listed in the separate sheet No. 1 to the Plaintiff:

B. The plaintiff.

Reasons

1. Basic facts

A. On January 2, 2012, the Plaintiff completed the registration of ownership transfer with respect to 918/54,819 shares out of 54,819 square meters of forest land in Gyeyang-gun, Gyeonggi-do (hereinafter “F land”). On May 21, 2012, the Plaintiff is a co-owner who owns 612/5,819 of the said land at the present time by transferring 3306/54,819 shares out of the said shares from P on May 21, 2012.

B. The Plaintiff owned 918/103,939/10 of the G forest land of Gyeonggi-gu, Gyeonggi-do (hereinafter “G land”). However, on June 8, 2011, the Plaintiff completed the registration of ownership transfer based on the partition of co-owned property on May 2, 2011 as to the share of 9918/33,060 of the said land.

Hdo, a co-owner of the foregoing land, completed the registration of ownership transfer on May 2, 201, for shares of 8265/33,060 out of G land on June 8, 201.

C. On March 9, 2015, the Plaintiff and H and E concluded a mortgage agreement with respect to the share 6612/54,819 of the F land owned by the Plaintiff, the share 9918/33,060 of the G land owned by the Plaintiff (hereinafter “each of the said shares owned by the Plaintiff”), the share 8265/3,060 of the G land owned by H, the maximum debt amount of KRW 300 million, the creditor and the mortgagee E, the debtor and the Plaintiff, and H. According to the said agreement, the Plaintiff and H completed the registration of creation of a neighboring mortgage with respect to each of the said shares on March 9, 2015.

(hereinafter the Plaintiff’s shares are as follows: (a) the instant right to collateral security (hereinafter “instant right to collateral security”).

On April 1, 2016, the Defendant asserted that 300 million won was acquired by transfer from E of the claim for a loan with the right to collateral security, and on June 21, 2016, the Defendant completed the registration of transfer of the right to collateral security on June 20, 2016 with respect to each of the instant collective security rights, and sent a notice of assignment of the right to collateral stating the same to the Plaintiff on July 27, 2016.

E. The Plaintiff’s succeeding IntervenorO and N are G. from the Plaintiff on April 6, 2018, during the first instance trial.

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