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(영문) 춘천지방법원속초지원 2019.12.13 2018가단1881
근저당권설정등기말소
Text

1. Of each real estate listed in the separate sheet to the Plaintiff, Defendant B’s share 3/11, Defendant C, D, E, and F, respectively, 2/11.

Reasons

1. Basic facts

A. On May 24, 1993, the Plaintiff entered into a contract with G to establish a mortgage on each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with respect to the maximum debt amount of KRW 15,00,000,000, the debtor, the mortgagee, and the mortgagee as the defendant of the instant mortgage (hereinafter “mortgage”). On May 26, 1993, the registration of the establishment of a mortgage on the instant real estate as indicated in the Disposition was completed.

B. G died on February 27, 2005, and Defendant C, D, E, and F, the wife of G, succeeded to the rights and obligations of G’s property.

The succession shares shall be as follows:

Defendant B: 3/11 Defendant C, D, E, and F: Each of the facts that there is no dispute / [based on recognition] 2/11, entry of evidence No. 1 (including additional numbers), the result of the fact inquiry by this court, the purport of the whole pleadings.

2. The judgment did not have any evidence to acknowledge the existence of the secured debt of this case, and even if the secured debt of this case existed, the extinctive prescription was extinguished on May 26, 2003, which was 10 years from May 26, 1993, the date of the registration of the establishment of the mortgage of this case, which was 10 years from May 26, 1993, which was the date of the registration of the establishment of the mortgage of this case. Thus, the Defendants are obliged to implement the procedure for

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.

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