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(영문) 대구지방법원 2019.01.10 2017가단125303

근저당권설정등기말소 등

Text

1. The Plaintiff:

A. Defendant B, C, and D are the Daegu District Court with respect to each one-third share of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On August 8, 2011, E died, and as his spouse and children, as the first-class heir as the first-class heir, the first-class heir as the first-class heir, and his brothers and sisters, the Defendant B, C, and D jointly inherited the property of the second-class heir as the first-class heir, and the third-class heir as the third-class heir, by filing a report on renunciation of inheritance, the J, K, C, and D in the Daegu District Court’s Family Branch on November 15, 201, and upon acceptance of the said report on renunciation of inheritance, the Defendant B, C, and D jointly inherited the property of the third-class heir.

(hereinafter referred to as “E”). (b)

Plaintiff

With respect to the real estate listed in the separate sheet owned by the deceased (hereinafter “the apartment of this case”), on October 13, 2009, the registration of the establishment of the collateral security right (hereinafter “the collateral security right of this case”) against the debtor Mro, the maximum debt amount is KRW 30,00,000, and the registration of the establishment of the collateral security right of the deceased, the mortgagee of the right to collateral security (hereinafter “the collateral security right of this case”) was completed. As to the registration of the collateral security of this case as of August 30, 2016, the registration of the seizure of the collateral security right of this case was completed (hereinafter “registration of this case”).

C. The instant collateral security registration was established to secure M’s claim by continuously supplying timber, etc. to N engaged in the civil engineering and building business by the deceased. The transaction between the deceased and N is the last time to receive KRW 5,720,000 from N as the price for the goods on June 28, 201.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings

2. The Plaintiff asserted that the secured claim of the instant right to collateral was extinguished by repayment or extinguished by the completion of prescription, and thus, the instant right to collateral was also extinguished, and sought cancellation of the registration of the instant right to collateral in accordance with the inheritance shares against the Defendants, the heir of the deceased, and made an expression of consent against the Defendant, the interested party who completed the registration of the instant seizure, as to the registration of cancellation.