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(영문) 의정부지방법원고양지원 2020.08.20 2020가단73354
근저당권말소
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners who jointly own one-half shares of each of the instant lands.

B. The network I had children of K, L, Defendant C, M, Plaintiff A, N,O, P, and Defendant D between the network J. The network I died on December 12, 1980, and the network J died on April 7, 1991, and Plaintiff B is the children of the said N.

C. On December 20, 2006, the Defendants completed the registration of the establishment of a new mortgage with respect to each of the instant lands as the maximum debt amount of KRW 300 million, the debtor, the plaintiff A, the non-party N, and the mortgagee as the Defendants, under Article 902 received on January 4, 2007, for the establishment of a contract to establish a new district court.

On October 1, 2019, Defendant E Co., Ltd. (hereinafter “Defendant bank”) completed the attachment registration No. 127060 on November 22, 2019, which was received on October 22, 2019, for Defendant C’s share among the above collateral security claims.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. Defendant C and D renounced the inheritance of each of the instant lands, and the establishment registration of the instant neighboring land was null and void inasmuch as there is no secured debt. The Defendants are obliged to cancel the establishment registration of each of the instant neighboring land against the Plaintiffs.

As long as the establishment registration of a neighboring mortgage by Defendant C is null and void, the Defendant bank is obligated to accept the Plaintiffs with respect to the cancellation of the establishment registration of each of the neighboring mortgages of this case.

B. Defendant C and D’s assertion by the Defendants did not waive inheritance on each of the instant land, and according to convenience, each of the instant land was transferred to Plaintiff A and Nonparty N.

On December 20, 2006, Defendant C, D, and Plaintiff A and N will complete the registration of the establishment of a mortgage to Defendant C and D in order to secure the obligation to pay the inherited property equivalent to the statutory inheritance share on December 20, 2006.

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