근저당권말소등기절차이행 및 대여금
1. The Defendants’ act on July 9, 2004 with respect to the real estate stated in the attached list to the Plaintiff as to the Republic of Korea District Court, Namyang-ju Registry.
1. Presumed factual basis
A. The F died on October 31, 2008, and there is Defendant C, D, and E, the wife, as the inheritor.
B. On November 20, 2008, the Defendants filed a report on the inheritance limited approval with the Incheon District Court 2008 Down-Ma3973 on November 20, 2008, and the said report was accepted on December 11, 2008.
[Reasons for Recognition] Unsatisfy, the purport of the whole pleadings, and determination as to the cause of a claim
A. (1) As to the real estate indicated in the separate list indicating the claim, the registration of the establishment of the establishment of the creation of the creation of the neighboring mortgage was completed by the Jung-gu District Court, the Namyang-gu District Court, the Namyang-gu District Court, the registry office of 61736, Jul. 9, 2004, the maximum debt amount of KRW 40,000,000, the Plaintiff, and the Plaintiff, and the mortgagee of the right to collateral security. The above registration of the establishment of the establishment of the creation of the neighboring mortgage was completed due to the invalidation of the cause or the expiration of the extinctive prescription of the secured debt, the Defendants are obliged to implement the procedure for the cancellation of the registration of the establishment of the neighboring mortgage of this case by the confession based on the ground of recognition (Article
B. Comprehensively taking account of the overall purport of the argument in the evidence No. 2 of the loan claim No. 2, the fact that the netF borrowed KRW 100,000,000 from the plaintiff on March 30, 2004 as the due date for payment, and the interest rate of KRW 1% per month.
According to the above premise facts and the above facts, the deceased F is obligated to pay the above loan and its delay damages to the plaintiff, and the above loan obligations against the plaintiff of the deceased F are inherited by the defendant B, the defendant, C, D, and E, respectively (i.e., KRW 100,00,000 x KRW 3/9,000 x less than KRW 3/9, but less than KRW 222,222,222 x 2/9) according to the inheritance shares.
However, the defendants are subject to an adjudication on approval of the inheritance, and therefore, they are obligated to pay each of the above money within the scope of the property inherited from the networkF.
Therefore, within the scope of the property inherited from the network F to the Plaintiff, Defendant B is entitled to KRW 33,33,33, and Defendant C, D, and E, respectively, KRW 22,22,22 and each of the said money.