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(영문) 부산지방법원 2018.04.03 2017가단30015
근저당권말소등기
Text

1. The defendants shall have regard to the real estate stated in the attached list to the plaintiff, the Busan District Court Seosan Branch of the Busan District Court.

Reasons

On September 29, 2003, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”); the Plaintiff completed the registration of ownership transfer with respect to the instant real estate with respect to the deceased D on November 3, 2004, the maximum debt amount of KRW 80,000,000 with respect to the instant real estate, and the Plaintiff’s establishment registration of a neighboring mortgage of the Plaintiff (hereinafter “instant establishment registration”) with respect to the Plaintiff’s establishment of a neighboring mortgage of the Plaintiff (hereinafter “instant establishment registration”); the Plaintiff died on September 21, 2017, and the Plaintiff and Defendant C were not disputed; and the Plaintiff and Defendant B may be acknowledged by comprehensively taking account of the overall purport of the pleadings as indicated in subparagraphs 1 through 4 (Ga number).

According to the above facts, since the establishment registration of the mortgage of this case does not exist the secured debt, the defendants are obligated to implement the registration procedure for cancellation of the establishment registration of the mortgage of this case to the plaintiff.

Therefore, since the plaintiff's claim is reasonable, all of them shall be accepted, and it is decided as per Disposition.

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