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(영문) 대전지방법원서산지원 2020.10.14 2020가단50855
근저당권말소
Text

1. The Defendants: (a) on the real estate stated in the attached list to G, the registration of the Seosan Branch of the Daejeon District Court and February 26, 1992.

Reasons

1. Determination as to Defendant C

A. The following facts can be acknowledged according to the evidence No. 1 to No. 3 of fact-finding.

1) H is the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On February 25, 1992, the Plaintiff entered into a mortgage establishment agreement with G, mortgagee H, and maximum debt amount of KRW 20 million with respect to the establishment of a mortgage (hereinafter “instant establishment of a mortgage”) on February 25, 1992. The Daejeon District Court’s registration of the establishment of a mortgage and the registration of the establishment of a mortgage (hereinafter “instant establishment of a mortgage”) on February 26, 1992

2) However, I acquired the ownership of the instant real estate on September 9, 1997, and on January 15, 2019, the Plaintiff determined the due date for repayment of KRW 100 million to I without interest, and lent it on February 15, 2019, by a notary public as the J office No. 17 of 2019.

3) On the other hand, H died on March 10, 2002, and succeeded to the property of the Defendants, the spouse, Defendant B, and their children. 4) On the basis of the above notarial deed, the Plaintiff applied for a compulsory auction on the instant real estate based on the said notarial deed, and received the order to commence the trial on April 9, 2019 ( Daejeon District Court Seosan Branch) (K).

B. According to the above facts of recognition, since the secured debt of the registration of the establishment of the creation of the neighboring mortgage of this case was extinguished due to the expiration of ten years after February 26, 1992, the Defendant C, the inheritor of H, is obligated to cancel the registration of the establishment of the creation of the neighboring mortgage of this case to the Plaintiff, who subrogated G.

C. The plaintiff's claim against the defendant C is justified, and this is accepted, and the costs of the lawsuit are assessed against each party in consideration of the cause and progress of the lawsuit.

2. Determination as to the remaining Defendants

(a)as described in paragraph 1 of the indication of the claim;

(b) Defendant B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)2); Defendant D, E, and F: Decision of deemed confession (Article 208(3)2 of the Civil Procedure Act);

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