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(영문) 서울북부지방법원 2015.06.26 2014가단16699

근저당권설정등기말소

Text

1. The defendant on July 27, 2007 with respect to the real estate stated in the separate sheet to the plaintiffs.

Reasons

1. Facts of recognition;

A. On July 26, 2007, the network E entered into a mortgage agreement between the Defendant, a partner and the mortgagee, and the debtor and the person establishing the right to collateral security with respect to the following 14 parcels of land owned below, with the maximum debt amount of 2 billion won. On July 27, 2007, on the aforesaid 14 parcels of land, the Government District Court of Macheon Branch of Macheon Branch of 30303, the registration of the establishment of the right to collateral security was completed under the name of the Defendant as of July 27, 2007.

-61 661 m2, G previous 215 m2, 397 m2, 18 m2, J 264 m2, K 708 m2, L 135 m2, M 236 m2, M 236 m2,727 m2, M 236 m2, 1,095 m2, 2,69 m2,2,63 m2, Q 2,63m2, Q 20 m2, and 150 m2,000 m2,000 m2,000,000 m2,00

B. On October 6, 2009, the Defendant cancelled the registration of creation of a neighboring mortgage on the land of 1,095 square meters prior to Macheon-si on the ground of partial renunciation. The Plaintiff completed the registration of ownership transfer on October 15, 2013 on the said real estate on the ground of donation.

(c) E shall add on July 16, 2012 to T.

On August 17, 2012, the Defendant sold eight parcels of real estate in Macheon-si, U.S. among the 14 parcels of real estate as stated in the port, and the Defendant cancelled the registration of the establishment of the relocation of the eight parcels of real estate as well as the eight parcels of real estate sold above on August 17, 2012 on July 30, 2012.

T has completed the registration of ownership transfer on eight parcels of real estate purchased from E on August 24, 2012.

E Deceased died on October 17, 2013, and on March 27, 2014, with respect to 3/7 shares among the real estate listed in the separate sheet (hereinafter “instant land”) on March 27, 2014, the Plaintiff A, 2/7 shares, and the Plaintiff B, and C completed the registration of ownership transfer due to each inheritance.

[Ground of recognition] Unsatisfy, Gap 1 through 5 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The alleged plaintiffs are not more than the "mortgage agreement concluded on July 26, 2007, which was the cause of the establishment registration of a mortgage on the part of the defendant's name, which was established on the land of this case (hereinafter "the establishment registration of a mortgage on the part of this case").