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(영문) 춘천지방법원속초지원 2014.11.28 2013가단4618

근저당권설정등기말소

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1. The defendant, on June 13, 2003, has jurisdiction over the Gocheon District Court's Goseong-gun's 4188 square meters in relation to B, C, D, and E's Gosung-gun's Ma-gun's 4188 square meters.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 and 2 (including paper numbers) and the whole purport of the pleadings:

The Plaintiff had a claim for reimbursement amounting to KRW 139,053,047 against the deceased G (hereinafter “the deceased”). After the deceased’s death, the Plaintiff filed a claim for reimbursement against B, C, D, and E as Seoul Central District Court Decision 2008Gadan19407 in order to interrupt the extinctive prescription against the deceased’s heir, and was sentenced on November 25, 2008. The above judgment became final and conclusive on January 17, 2009.

B. On June 13, 2003, the Deceased completed the registration of creation of a mortgage on the ground of the contract to establish a mortgage (hereinafter “mortgage”) dated June 12, 2003, which was signed on the basis of the maximum debt amount of KRW 40,00,000, and the deceased’s status as the deceased, with respect to the amount of KRW 4188 square meters (hereinafter “the instant real property”).

2. Determination

A. Determination on the cause of a claim 1) A mortgage is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of an obligation in the future. Since it is a security right established for securing a certain limit from a continuous settlement term for the future, there must be a legal act establishing a secured claim of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the lease of the right of the right of the right of the right of the right of the right of the lease of the right of the right of the right of the right of the right of the lease of the right of the right of the right of the right of the right of the