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(영문) 울산지방법원 2014.01.22 2013가단1876

근저당권설정등기말소

Text

1. The Plaintiff:

A. Defendant B shall register the Ulsan District Court with respect to the real estate stated in Section 1 of the Attached List, and on September 2010.

Reasons

1. Basic facts

A. On November 1, 1990, the deceased E (hereinafter “the deceased”) is a person who completed the registration of ownership transfer under the name of each deceased with respect to the real estate listed in paragraph (1) of the attached Table No. 1, and on July 4, 1978 as to the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “each real estate of this case”). The Plaintiff as a wife of the deceased on August 6, 201, was a person who completed the registration of ownership transfer under the name of the Plaintiff on June 4, 201 for inheritance due to consultation division as the deceased’s wife’s death on August 6, 201. The Plaintiff is a person who completed the registration of ownership transfer under the name of the deceased on each real estate of

B. The registration of the Ulsan District Court and the registration of the establishment of a mortgage as to the real estate indicated in paragraph (1) of the attached list No. 80792, Sept. 17, 2010, the maximum debt amount of KRW 60 million, the deceased, and the Defendant B, the registration of the establishment of a mortgage as to the same real estate, and the registration of the Ulsan District Court as to the establishment of a mortgage as to the same real estate, and the registration of the establishment of a mortgage as to the maximum debt amount of KRW 50 million, the deceased, and the Defendant C, respectively, was completed on June 17, 2011. The registration of the Ulsan District Court and the registration of the establishment of a mortgage as to the real estate indicated in paragraph (2) of the attached list No. 2468, Mar. 23, 2010, the registration of the establishment of a mortgage as to the deceased and the Defendant D, respectively, was completed.

C. The F, on January 25, 2013, was sentenced to imprisonment with prison labor for three years at the Ulsan District Court (200, etc.), and was sentenced to imprisonment with prison labor for two years and six months at the same court (2013No1222) on July 5, 2013, on each of the following grounds: each proxy (for the purpose of issuing a certificate of seal imprint, for the application for the registration of establishment of a neighboring mortgage to a certified judicial scrivener) and each of the application for the registration of establishment of a neighboring mortgage of the instant case, which is a private document on the rights and obligations of the deceased’s name; and the F was sentenced to imprisonment with prison labor for two years and six months on each of the instant facts constituting the crime.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4, 8, 24, Eul.