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(영문) 인천지방법원 2019.05.15 2018가단234824

근저당권말소

Text

1. The Plaintiff:

A. Defendant B shall support the Daejeon District Court’s Incheon District Court with respect to the real estate stated in paragraph 1 of the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner who inherited on December 1, 1978 and completed the registration of ownership transfer on March 4, 2004, each of the real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) in the separate sheet, referred to as “each of the instant real estate,” and each of the two/14 shares in each of the individual real estate, according to the sequence of each real estate.

B. Defendant B completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to the Plaintiff’s share among the instant immovable property No. 1185, Jan. 12, 2009, as an Asan Branch of the Daejeon District Court, Asan Branch of the District Court, No. 20,000,000, and with respect to the Plaintiff’s share as to the establishment of a collateral security (hereinafter “instant collateral security”); Defendant A completed the registration of creation of a collateral security (hereinafter “instant collateral security”); Defendant D, with respect to the Plaintiff’s share among the instant immovable property No. 2, with the 1186, Jan. 12, 2009, the ASEAN Branch of the Daejeon District Court, the ASEAN Branch of the Daejeon District Court, the ASEAN Branch of the District Court, the obligor, and the mortgagee; Defendant B completed the registration of establishment of a collateral security (hereinafter “the instant collateral security”) with respect to the Plaintiff’s share as the 3-mortgage’s share as the 10000,1800, and the obligor.

(hereinafter referred to as the “third collateral mortgage of this case,” and each of the instant mortgages of this case refers to the 1 to 3rd collateral security (hereinafter referred to as the “each of the instant collateral security”).

Defendant B filed an application for voluntary auction of Plaintiff’s share out of the instant Claim No. 1 based on the instant collateral security, and accordingly, the Daejeon District Court rendered a decision on voluntary auction of the Plaintiff’s share among the instant Claim No. 1, which was F on May 25, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, purport of the whole pleadings

2. The plaintiff's assertion did not establish the right to collateral security against the defendants, and each of the instant right to collateral security of this case is in accordance with the above Article.