근저당권말소
1. Defendant A shall pay 3/9 shares to C, 2/9 shares, 3/9 shares, and 2/9 shares, respectively, in respect of each real estate listed in the separate sheet.
1. Basic facts
A. The deceased G died on December 23, 2004, and there is C, E, and F (hereinafter “heirs”) who are the inheritors and children.
B. On July 12, 2011, the Plaintiff filed a claim for reimbursement against the deceased G’s heir under the Daegu District Court Branch Decision 201Gau26641, and rendered a favorable judgment against the Plaintiff on July 12, 2011, and the said judgment became final and conclusive around that time, on the contrary, that C shall pay either KRW 3,609,670 out of the above money and the damages for delay jointly with each of the above C.
C. On August 22, 1995, the deceased G concluded a mortgage agreement with the maximum debt amount of KRW 50 million, debtor G, and Defendant A with respect to each of the real estates listed in the separate sheet, his own ownership (hereinafter “each of the instant real estates”). The reason is that the registration of the establishment of a mortgage was completed by the Daegu District Court Branch No. 55813, Aug. 22, 1995, which was received on August 22, 1995.
In addition, on September 7, 1995, the deceased G entered into a mortgage agreement with G and the debtor as H on September 7, 1995 with respect to each of the instant real property, which provides for a maximum debt amount of KRW 65 million, and the debtor G and the mortgagee as the mortgagee. The registration of the establishment of a mortgage was completed as of September 11, 1995 with the Daegu District Court Seo-gu District Court Decision 58406, Sept. 11, 1995. Defendant B entered into a transfer agreement with H on February 13, 2013, and completed the registration of the establishment of a mortgage as of February 18, 2013 with the Seo-gu District Court Branch Branch, which was received on February 18, 2
E. The inheritors have only the inheritance shares on each of the instant real estate. On the other hand, each of the instant real estate was registered for provisional attachment of KRW 96,658,910 in aggregate, such as the provisional attachment of the New Co., Ltd. by the New Co., Ltd., and the amount of debt exceeds the total amount of KRW 80,569,000 in total, the heir is in insolvent.
[Ground for recognition] Defendant A: The fact that the confession (Article 150(3) and (1) of the Civil Procedure Act) is not asserted.