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(영문) 창원지방법원 2020.08.20 2019가단124409

근저당권말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The instant forest land was “D 28066 square meters of forest land in Changwon-si” before the division (hereinafter “the instant forest land”). On March 15, 2002, the Plaintiff acquired 1/2 of the co-ownership share of the forest land before the division, and E acquired 1/2 of the remaining co-ownership share of the said forest land on September 2, 2003 and shared it.

B. On August 4, 2006, the Defendant completed the registration of establishment of a mortgage on the whole E shares of the forest land before subdivision as the obligor FF and the mortgagee as the Defendant.

C. On December 17, 2007, the forest land before subdivision was divided into G forest land of 1403 square meters in the window of Changwon-si and Changwon-si (hereinafter “G forest land”).

On January 8, 2019, the Plaintiff acquired 1/2 co-owned shares of E in the instant forest on the ground of “co-owned share on December 5, 2007,” and owned the instant forest solely. E acquired 1/2 co-owned shares of the Plaintiff among G forest land on December 17, 2007 on the ground of “co-owned share on November 27, 2007” and owned G forest solely.

On December 17, 2007, the registration of the establishment of a neighboring forest that the Defendant was completed was entirely transferred to the instant forest and G forest due to the division of land on December 17, 2007. Of the registration of the establishment of a neighboring forest of the Defendant, the part that was transferred to the G forest owned by E was cancelled on July 2, 2009 due to the “Partial Waiver of July 1, 2009” but the part that was transferred to the instant forest, which was owned by the Plaintiff, remains without cancelling so far.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The plaintiff asserted that, in light of the fact that the part of the G forest owned by E among the defendant's registration of creation of a neighboring forest was revoked as above, the defendant's aforementioned registration of creation of a neighboring forest shall be deemed to have been fully repaid and extinguished. Thus, the defendant's registration of creation of a neighboring forest should also be revoked.

Domins, Gap 1 to 5, respectively.