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(영문) 춘천지방법원영월지원 2015.04.01 2014가단3271
근저당권설정등기말소
Text

1. The Defendants: (a) with respect to E, F, G, and H’s 13,101 square meters in size prior to the Gangwon-gu Seoul Special Metropolitan City E, G, and H on January 7, 1998.

Reasons

1. Indication of claim;

A. The deceased J assumed against the Plaintiff the obligation for reimbursement based on the order of the final payment that became final and conclusive (2006M87) of the Chuncheon District Court, Young-gun District Court, Young-gun, 2006Ra87, but the said obligation for reimbursement was succeeded to E, F, G, and H, the co-inheritors of the deceased J upon the death of the deceased J on October 28, 2012.

Since then, E, F, G, and H filed a report on the recognition of inheritance limited status under the Youngcheon District Court's Young-gu Branch of Chuncheon District Court's Young-gu Branch of 2014Mo64, and the said report was accepted on June 23, 2014.

B. The Defendants completed the registration of establishment of a new mortgage on the ground of the contract on January 5, 1998 with respect to 13,101 square meters prior to the Gangseo-gun, Gangwon-do. However, the extinctive prescription of the above secured claim was completed, the Plaintiff, as creditors of E, F, G, and H, sought the cancellation of the above secured claim against the Defendants by subrogation of E, F, G, and H, as creditors of E, G, and H.

2. Applicable provisions;

A. As to Defendant A and D: Article 208(3)3 of the Civil Procedure Act (by public notice)

B. As to Defendant B and C: Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act

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