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(영문) 부산지방법원 2015.12.23 2014가단237709

근저당권말소등기 등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Plaintiff A’s spouse, Plaintiff B, and C of the deceased deceased deceased on July 28, 2014 (hereinafter “the deceased”).

Defendant D was an elementary club of the Deceased, and Defendant E was a relative of G, and the above G became aware of the Deceased through Defendant D’s relationship with Defendant D.

B. On July 4, 2014, the Deceased sold the instant real estate sold at KRW 29,325,000 to Nonparty I, a self-owned, Bosung-gun H, Bosung-gun (hereinafter “instant real estate”). On July 8, 2014, I completed the registration of transfer of ownership as the receipt of the Bocheon-gun Branch of the Gwangju District Court’s Netcheon Branch Branch Office, No. 7276 on July 8, 2014.

C. On August 6, 2004, the deceased acquired ownership on each real estate listed in the separate sheet No. 1 list due to an inheritance by consultation or division.

Then, on July 9, 2014, the registration of creation of a mortgage on the said real estate was completed with respect to each of the creation of a mortgage on the debtor F (the deceased) and the mortgagee D (the defendant) with the maximum debt amount of KRW 3 million under the 12209, which was received on July 9, 2014.

(hereinafter referred to as “the establishment registration of the first place of the instant case”) d.

Attached Form

2) The deceased (one parcel) filed an application for provisional attachment on the deceased’s co-ownership share among the above real estate (one parcel) with the Jeju District Court on October 15, 2007 and with respect to the registration of Jeju District Court on October 15, 2007, and with respect to the share of 165/13901 on October 15, 2007, and with respect to each share of 165/13901 on January 4, 2008, the plaintiff A, who is the deceased’s spouse, filed an application for provisional attachment on the deceased’s co-ownership among the above real estate, and completed provisional attachment registration with the Jeju District Court and the Jeju District Court on March 21, 2014 as the provisional attachment registration No. 2486.

3) As to the deceased’s co-ownership share, the Defendants completed the registration of creation of a neighboring mortgage with the same court registry and No. 44462, May 23, 2014, with the maximum debt amount of KRW 100 million, the debtor F, and the Defendants of the right to collateral security (hereinafter “the registration of establishment of a neighboring mortgage of this case”) (hereinafter “the registration of establishment of a neighboring mortgage of this case”) and combined with the registration of the establishment of a neighboring