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(영문) 울산지방법원 2015.11.05 2015나1741
근저당권설정등기 말소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On November 2010, the Plaintiff borrowed KRW 15 million from G, who is a de facto spouse of the deceased H (hereinafter “the deceased”), and as a security, completed the registration of creation of a mortgage over the Plaintiff’s debtor, mortgagee, G, the maximum debt amount of KRW 15 million, as the registration office of Ulsan District Court was received on November 22, 2010, pursuant to the Ulsan District Court No. 87645, Jun. 2, 2010, with respect to the size of 106 square meters and its ground buildings owned by the Plaintiff.

After that, the Plaintiff remitted KRW 13 million to G on March 15, 2012, and the registration of the establishment of a neighboring mortgage was cancelled on June 25, 2012 by the Ulsan District Court, Ulsan District Court, as the receipt of No. 50854 on June 25, 2012.

B. On October 4, 2011, the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage on October 4, 2011”) consisting of the debtor, the mortgagee, the maximum debt amount, 15 million won, on the real estate indicated in the separate sheet (hereinafter “instant real estate”) on October 4, 201, by the Ulsan District Court’s receipt of the registry office of the Ulsan District Court.

On March 15, 2012, the registration of the establishment of a neighboring mortgage was cancelled by the Busan District Court No. 20430 on March 16, 2012.

Then, on June 25, 2012, the Plaintiff was registered to the Deceased on June 25, 2012 as the establishment of a mortgage on the instant real property by the Plaintiff, the mortgagee, and the maximum debt amount, under Article 50857 of the Ulsan District Court’s receipt of a registry office of the Ulsan District Court.

C. The deceased died on May 15, 2014, and the Defendants, their children, inherited the rights and obligations of the deceased at the ratio of 1/3, respectively. [In the absence of any dispute over the grounds for recognition, the entries in Gap evidence 1-2, 2, 3, and 2-2, and the purport of the whole pleadings and arguments.

2. The parties' assertion

A. Plaintiff 1 borrowed KRW 15 million from G on November 2010, and completed the registration of the establishment of a neighboring mortgage to G, and thereafter, Plaintiff 1 paid KRW 2 million in cash first and repaid KRW 13 million on March 15, 2012.

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