근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s sole ownership of the Plaintiff’s claim is the land partitioned out from the same D land (hereinafter “land before partition”) based on the judgment ordering partition of co-owned property. Of the land before partition, the registration of the establishment of the neighboring district court of Gwangju on October 22, 2004, which was established on the co-ownership of E, co-owners of the land before partition, was registered as the registration of the establishment of the neighboring district court of Gwangju on October 22, 2004, and the land of this case after partition was registered as the registration of the establishment of the collective ownership of E-ownership among the land of this case.
Since there is no E-ownership share in the instant land, the registration of the Gwangju District Court on the instant land shall be cancelled due to the partition of co-owned property on October 22, 2004, No. 14466, which was received on October 22, 2004.
2. Determination:
A. Security rights, such as the right to collateral security established on the shares of Party A among the joint real estate owned by Party A and B, shall continue to exist on the whole co-owned property according to the previous shares ratio, unless otherwise agreed by the special group, and shall not be naturally concentrated on the part which was divided in the future Party A, the person who
(See Supreme Court Decision 88Meu24868 delivered on August 8, 1989). B.
In light of the above legal principles, even after the partition of co-owned property becomes a co-owned property, the right to collateral security exists in the land of this case according to the co-owner E's share ratio. Thus, the above assertion by the first-owner cannot
3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.