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(영문) 청주지방법원영동지원 2020.01.17 2019가단4075

근저당권말소

Text

1. As to Defendant B, C, D, and E’s share of 9/45 in the amount of 146 square meters in Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and Defendant F.

Reasons

1. The Plaintiff is the owner of the instant real estate, the registration of ownership transfer of which was completed on October 24, 2018, with respect to the land size of 146 square meters in Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant real estate”), from the Cheongju District Court No. 15122, Oct. 30, 2018, as to the instant real estate.

The network K is a mortgagee of the instant real estate who completed the registration of creation of a mortgage on April 20, 199 by the same registry office, No. 4401 of April 20, 199, the maximum debt amount of which was KRW 7 million due to the contract on April 19, 199, and the debtor’s neighboring mortgage on the instant real estate.

On February 14, 2001, the deceased on February 14, 2001, Defendant F, the spouse of Defendant B, C, D, and E, each 45 shares, the spouse of the network M (Death on October 22, 1999), and Defendant G, H, and I, the children of the network M, jointly inherited 2/45 shares.

On the other hand, the claim secured by the right to collateral security has expired at the expiration of ten years from April 19, 199. The plaintiff, as a third purchaser of the real estate of this case, uses the extinctive prescription as to the claim secured by the right to collateral security.

Therefore, the Defendants are obligated to implement the registration procedure for cancellation of the registration of the establishment of the above mortgage with respect to each inheritance share of the instant real estate to the Plaintiff.

2. Applicable provisions;

(a) Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act of Defendant B, C, D, F, G, H, and I (a)

B. Article 208(3)3 of the Civil Procedure Act (by public notice) of Defendant E E Civil Procedure Act