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(영문) 서울남부지방법원 2015.03.27 2014가단233330

근저당권말소

Text

1. The defendant received on September 11, 1987 the Changwon District Court received on each real estate listed in the separate sheet from the plaintiff, and No. 24942.

Reasons

1. The pertinent Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”). At the time of the establishment of the right to collateral security for the instant real estate, the Defendant changed the name of the instant real estate to the Korea Life Insurance Co., Ltd. on December 27, 199, and changed to the Korea Life Insurance Co., Ltd. on March 7, 2002.

2. On January 14, 1977, the registration of preservation of ownership was made for the real estate of this case 23,802 square meters in Changwon-si B, Changwon-si prior to the division of the registration of establishment of a neighboring mortgage, with the Plaintiff’s father’s share of 3/5 and 2/5 of the share of D ownership. On January 14, 1977, the above C acquired the entire share of ownership of the above D.

On the other hand, the Changwon Development Co., Ltd. acquired shares of 4,959 out of the above forest land on March 22, 1983, 23,802. As to the shares owned by the said Changwon Development Co., Ltd. on September 11, 1987, the establishment registration was completed each of the establishment registration of a mortgage covering the shares owned by the said Changwon Development Co., Ltd. with the Defendant (the title of the corporation at the time is the Ilwon Life Insurance Co., Ltd.), the debtor Choyang-dong Co., Ltd. and the maximum debt amount of KRW 3,115,20,000 and KRW 5,100,000,000, respectively.

After that, the said woodland was divided to correct the boundary on the ground due to the construction of golf courses of the Changwon Development Co., Ltd., and on January 24, 1989, the said E, 1,226 square meters among the said woodland was divided into the said G with the above F, 1,097 square meters, respectively. Accordingly, the said B forest area was 20,682 square meters (=23,802 square meters - 797 square meters - 1,226 square meters - 1,097 square meters).

In other words, on February 2, 1994, the said B forest land was divided into 23,802 square meters. Accordingly, among the said forest land, 1,939 square meters was divided into the said H roads and 74 square meters, respectively. The said B forest land area was 18,769 square meters (=20,682 square meters - 1,839 square meters - 74 square meters).

The plaintiff, after the death of the above C, was inherited by consultation and division on February 2, 1994.