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(영문) 청주지방법원 2014.01.08 2013가단10444
근저당권말소 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, Nonparty D, E, F, and G shared the land size of 712 square meters prior to H of the Chungcheongbuk-gun, Chungcheongnam-gu, Ha (hereinafter “instant land before the instant partition”; and the land divided from the land before the instant partition is specified only by its parcel number).

She filed a lawsuit against the said Nonparty seeking a partition of co-owned property (Cheongju District Court 201Gadan7512) regarding the land prior to the partition. In the said lawsuit, the decision of recommending a settlement with the content that the said Nonparty divided the land prior to the partition by sharing 415 square meters and the said Nonparty owned 415 square meters.

Article 22(1) of the Civil Act provides that “The co-owned shares of the non-party shall be divided into the co-owned shares of the non-party, and the co-owned shares of the non-party during the partition of co-owned shares of the non-party during the partition of co-owned shares of the non-party during the partition of co-owned shares of the non-party on February 17, 2012.”

Applicant From H to H, on April 13, 2012, J 241 square meters (attached Form 3), and on June 21, 2012, K 48 square meters (attached Form 2) were divided, and the remaining area was 126 square meters (attached Form 1).

(v) on April 10, 2013, the registration of ownership transfer in the name of the Defendant B was completed on April 5, 2013 with respect to the land listed in Schedule 1, 2, attached Table 2, respectively.

B. Meanwhile, the registration of seizure (hereinafter “registration of seizure of this case”) was completed as of October 10, 2008 by Cheongju District Court No. 102602, Cheongju District Court, which was received on October 10, 2008 as the holder of the right with respect to the shares of Nonparty E 231/1848, among the land before the instant partition, as of the shares of Nonparty D and E, Defendant C as the mortgagee of mortgage and the obligor of Nonparty B, the Cheongju District Court, which was received on November 16, 2006 as of the receipt of No. 71861, the registration of creation of neighboring mortgage (hereinafter “registration of establishment of neighboring mortgage of this case”).

C. The attachment registration of this case and the establishment registration of the neighboring mortgage on the land listed in the annexed list 2 and 3 are completed in the register.

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