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(영문) 서울중앙지방법원 2017.11.07 2017가단5055967

근저당권말소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff is the heir of F, who died on October 12, 2014 (hereinafter “the deceased”). The Defendants sold each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Deceased on August 29, 2003 and set up a right to collateral security of KRW 150 million with respect to each of the instant real estate in order to secure the purchase price.

B. On August 29, 2003, the date when the instant sales contract was concluded, ten years elapsed since August 29, 2003, the Defendants’ claim for the payment of the purchase price expired by prescription. The right to collateral security established on each of the instant real estate due to the extinction of the prescription period of the secured claim should also be cancelled in accordance with the principle of influentness.

C. Meanwhile, there is the Plaintiff, G, and H as the heir of the deceased, and the Plaintiff seeks cancellation of the registration of the establishment of the neighboring real estate as to each of the instant real estate by the act of preserving the jointly owned property under the proviso of Article 265

2. Comprehensively taking account of the purport of the entire pleadings in the statement No. 3, the Plaintiff filed an application with the Chuncheon District Court 2014Ra519, Nov. 12, 2014 to waive inheritance against the Deceased, and the facts cited on the 13th of the same month can be acknowledged. Accordingly, according to the above facts, there is no legal title against the Defendants to seek cancellation of each of the instant collateral security rights.

Therefore, without determining the remainder of the plaintiff's remaining arguments, the plaintiff's above assertion is without merit.

3. Conclusion, the Plaintiff’s claim against the Defendants in this case is dismissed as it is without merit. It is so decided as per Disposition.

참조조문