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(영문) 서울동부지방법원 2012.08.29 2011나14666

근저당권말소

Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s claim corresponding to the revoked part shall be filed respectively.

Reasons

1. The fact that on January 12, 2010, Seongdong-gu Seoul Metropolitan Government, which owned the Plaintiff’s foundation, the establishment registration of the establishment of the creation of the neighboring mortgage and the maximum debt amount of KRW 75,00,000,00 with the maximum debt amount of KRW 75,00,00,00 with the Defendant D, the debtor D, the debtor D, and the mortgagee C, the establishment registration of the establishment of the neighboring mortgage (hereinafter the above two neighboring mortgages are referred to as the “registration of the establishment of each of the instant mortgages,” and the collective security (hereinafter the “each of the instant collective security”). There is no dispute between the parties.

2. Determination on the cause of the claim

A. The Plaintiff asserts that the establishment registration of each of the instant mortgages was null and void, that each of the instant mortgages was null and void, and thus, each of the instant mortgages was null and void, and accordingly, the Defendants are obliged to implement the procedure for registration of cancellation of each of the instant mortgages to the Plaintiff.

Therefore, in full view of the facts as follows: (a) Nos. 1, 2, and 3-1, 2, 4-1, 2, 4-1, 5-2, 6-1, 7-1, 7-2, 8-1, 9-1, 2, 10-2, 10-1, 11-2, 10-1, 10-2, and 11-2; (b) the Plaintiff’s mother will pay 0-1, 10-1, 10-1, 2, and 10-1, 10-2 of each of the above 0-1, 00-1, 00-1, 00-2, 00-1, 00-2, 00-1, 000-1,000-3,000-4,000-6,000-6,00-6,000-3,00.