근저당권설정등기말소
1. The part of the judgment of the first instance against the Defendants shall be revoked.
2. The plaintiff's defendants who fall under the above revocation part.
1. Basic facts
A. On December 21, 1994, L had originally owned L, and L had completed the registration of ownership transfer with respect to the portion of 202.35/404.7 shares out of the instant real estate, and on June 24, 1996, L had completed the registration of ownership transfer with respect to the entire real estate to N, who was P, as the P, on the ground of the contract on June 22, 1996, with respect to the entire real estate as the debtor L, mortgagee N, maximum debt amount of KRW 130,00,000.
B. Since then, the procedure for compulsory auction (hereinafter “instant procedure for compulsory auction”) was conducted with respect to L Shares (hereinafter “instant procedure”) among the instant real estate by Incheon District Court T. In the auction procedure, theO acquired ownership of the pertinent shares on February 19, 2002 by fully paying the successful bid price after winning a successful bid. The registration of the establishment of the instant real estate remains only in M ownership due to waiver of the part concerning L Shares.
(hereinafter referred to as “the instant establishment registration of a new mortgage” with the registration of the establishment of a new mortgage remaining on M shares, and the said right to collateral security (hereinafter referred to as “instant right to collateral security”).
On the other hand, on May 26, 2006, M transferred to P the share of 202.35/2023.5 of the shares in the instant real estate to the Plaintiff, and the remaining share of 32376/80940 on August 12, 2009 to the Plaintiff, respectively. Of which, on November 30, 201, the part transferred to P was completed on May 9, 201 due to inheritance by consultation division.
Defendant I, J, K, and Network P (Death on November 30, 2010), and R (Death on December 14, 1994) are children of the network N (Death on December 14, 2015). Defendant B is the wife of the network P, Defendant C, D, and E are P’s children. Defendant F is the wife of the network R, Defendant G, and H are R’s children. The Defendants inherited the rights and obligations of the network N by inheritance shares, such as the details of inheritance shares in the attached sheet.
(A) L (B) P is liable to (B) for debts to (B), and the real estate in this case owned by the secured co-owner (A) and its ground (hereinafter referred to as "real estate A") shall be the same to (B).