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(영문) 대전지방법원 2016.03.18 2014나1704

근저당권설정등기말소

Text

1.The judgment of the first instance shall be modified as follows:

The Defendants shall pay the attached Form 2 inheritance shares and purchase price from the Plaintiff.

Reasons

1. The reasons for the court's explanation of this case are as follows: "T, V, AD (O appears to be a clerical error) and O, "W" in the 4th sentence 1 and 2th sentence "N," "N, and "O" in the 4th sentence 1 and 2nd sentence of the judgment of the court of first instance, "N is the heir," and "O is the heir of the defendantY, Y, Z, AAB, AB, and AC's heir of the defendant's death on November 25, 1987 and the defendant's heir's inheritance shares in the 2nd sentence of the judgment of the court of first instance are as stated in the separate sheet 2 inheritance shares and the inheritance shares in the purchase price calculation sheet; "2011." "201," "201," and "the remaining part of the judgment of the court of first instance shall be deleted from the separate sheet 1 and 14th sentence of the Civil Procedure Act," and "the remaining part shall be deleted from each of the second sentence 14th sentence.".

2. Additional determination

A. In the event that there exists a secured claim for the registration of the establishment of a mortgage of this case claimed additionally by the Plaintiff at the trial, the Defendants are obligated to obtain from the Plaintiff the amount of the claim the amount of the remainder remaining after the Plaintiff deducted the expenses incurred by the Plaintiff in order to cancel the registration of the establishment of a mortgage of this case from the amount of the claim, and at the same time, to perform the registration procedure on each of the inheritance shares

B. In full view of the facts acknowledged earlier, the evidence and the purport of Gap evidence No. 9-1 through 10, the defendant supplementary intervenor, who is the representative of the defendants, who are the successors of the clan of this case and the plaintiff and the title trustee of the right to collateral security of this case, purchased the real estate of this case against the plaintiff of the clan of this case on October 13, 2014.