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(영문) 서울북부지방법원 2016.07.08 2015나32620

근저당권설정등기말소

Text

1. The defendant's appeal against the plaintiffs is dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Facts of recognition;

A. Plaintiff A is the wife of E (Death on October 17, 2013), Plaintiff B and C are the children of Plaintiff B and C, and the Defendant is the birth of E.

B. On July 26, 2007, E entered into a mortgage agreement with the Defendant as to the following 14 parcels of real property, which is owned by E, with the maximum debt amount of 2 billion won, the creditor and the mortgagee, the defendant and the debtor and the person who created the right to collateral security (hereinafter “mortgage agreement of this case”). On July 27, 2007, E completed the establishment registration of the right to collateral security under the Defendant’s name as the receipt of the Macheon District Court’s receipt of the Macheon Branch Office on July 27, 2007 regarding the above 14 parcels of real property.

-61 661 m2, G previous 215 m2, 397 m2, 18 m2, J 264 m2, K 708 m2, L 135 m2, M 236 m236 m2, M 236 m200, M 237 m200, 1095 m2, and 1,095 m2,0000 m2,727 m2,0000,0000,000,000,000,000,000,000,000,000,000,000

C. On October 6, 2009, the Defendant cancelled the registration of creation of a mortgage on the O’s land on the ground of partial renunciation, and the Plaintiff A completed the registration of ownership transfer on October 15, 2013 on the ground of donation.

E on July 16, 2012, sold 8 U.S. lots to T, and the Defendant cancelled the registration of creation of a neighboring mortgage on U-8 lots and N land on August 17, 2012 on the ground of partial renunciation from July 30, 2012.

T has completed the registration of ownership transfer on August 24, 2012 regarding U eight parcels.

E. On March 27, 2014, Plaintiff A completed the registration of ownership transfer for 3/7 shares out of the instant land, which is the remaining V land, and Plaintiff B and C completed the registration of ownership transfer for each of 2/7 shares out of the instant land due to inheritance.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (including each number, hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion and judgment

A. The alleged plaintiffs are the names of the defendants established on the land of this case.