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(영문) 의정부지방법원 2017.11.09 2016가단12991

근저당권설정등기말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 9, 1990, the registration of share transfer was completed for B, D, E, F, and G with respect to the land of 34,081 square meters in Gyeonggi-gun, Gyeonggi-do, Mapocheon-gun, for the co-owned property partition on July 9, 1990.

Each co-ownership is 6612/34081, D 1760/34081, E 7792/34081, F 11570/34081, G 6347/34081.

B. On February 6, 2003, H forest land was divided into 9,552 square meters, 1 forest land 6,347 square meters, J forest land 6,612 square meters (hereinafter “instant forest”). On the same day, with respect to the instant forest land, all co-owners except B were transferred to B on the ground of co-owned property partition as of December 12, 2002.

C. On September 24, 1993, the establishment registration of a neighboring mortgage of KRW 100,000 on the portion of B out of the forest land of this case was completed on September 24, 1993 (hereinafter “establishment registration of a neighboring forest of this case”).

On January 10, 2004, D and the defendant entered into a contract on the alteration of the right to collateral security with the entire forest of this case, and the registration of alteration of the right to collateral security has been made.

The plaintiff filed a lawsuit against B on May 3, 2006 with the Seoul Central District Court to pay to B the amount of KRW 59,769,449 out of the amount of KRW 595,193,024 and the amount of KRW 259,769,449, the amount of KRW 19% per annum from July 14, 2004 to February 24, 2006 and the amount of KRW 20% per annum from the next day to the date of full payment.

The judgment of "(the above court 2006 Gohap11574) was pronounced."

E. Meanwhile, B does not have any active property except for the possession of the instant forest land equivalent to approximately KRW 231,420,000 at the time of filing the instant lawsuit.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 12, Eul evidence Nos. 14-1 through 5, Eul evidence Nos. 15-1 through 4, Eul evidence Nos. 16-1 through 4, fact inquiries conducted by the Ministry of Land, Infrastructure and Transport, and the purport of the whole pleadings

2. The plaintiff's assertion B-C.