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(영문) 춘천지방법원강릉지원 2019.09.18 2017가단5354

근저당권말소

Text

1. The Defendants are listed in the separate sheet of inheritance shares among the real estate indicated in the attached sheet to the Plaintiff.

Reasons

1. The Plaintiff’s judgment on the cause of the claim as indicated in the separate sheet as the cause of the claim in this case: (a) as the “Defendant” in the separate sheet as stated in the ground of the claim in this case, and as such, the Defendants were deemed to have led to the confession of the above assertion pursuant to Article 150(1) of the Civil Procedure Act. Furthermore, in full view of the evident facts in the record, upon the death of September 4, 2009, K succeeded to Defendant F, Defendant G, Defendant H, and Defendant H, the heir’s children, and Defendant H, the heir’s 209-Ba427 of this Court on October 23, 2009, received a ruling to waive the inheritance of the decedent’s property 】 (i.e.,, the heir’s son’s shares 】 (i., the heir’s 200(s) 2); (ii) the heir’s Ma13/141/6 of the inheritance 】 (i.e., the heir’s 3/146/14/6/6) of the deceased shares.

Therefore, the Defendants are obliged to implement the registration procedure for cancellation of the establishment registration of a mortgage that was made on September 5, 1986 by the Chuncheon District Court, the East Sea Registry No. 5925, regarding each inheritance shares listed in the separate sheet among the real estate indicated in the attached list of inheritance shares.

2. As to the assertion of Defendant E, F, G, and H, the above Defendants asserted that they do not have any duty as above, since they were judged to accept the report of renunciation of inheritance by the inheritee K.

On the other hand, after the death of an inheritee, spouse and children, who are inheritor, have renounced their inheritance in excess of their inherited property. After the death of a lineal ascendant of the inheritee, inheritance by representation has commenced pursuant to Articles 1001 and 1003(2) of the Civil Code.