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(영문) 청주지방법원 2017.09.15 2016가단115494
근저당권말소
Text

1. The defendant shall receive on September 13, 1991 from the plaintiff the Cheongju District Court of Cheongju with respect to the area of 302 square meters per the 302 square meters per the Cheongsan-gun.

Reasons

1. Facts of recognition;

A. On October 8, 1996, the network D died after having left E, F, G, and H, the Plaintiff and his children, who are the spouse, and died on October 8, 1996. 2) The network I died on April 8, 2013.

B. 1) On August 14, 1991, the network I entered into a real estate sales contract. The network D and the network I came to be “M” due to the change of administrative district by the network D and D.

3) The same N(O) was the same 498 square meters and the same N(O)

2) The building site and buildings on the 711m2 and its ground (hereinafter collectively referred to as “instant building site and buildings”)

(C) The same P (a change in administrative district) became “C”

3) The former 302 square meters of land (hereinafter “instant land”).

) A contract was concluded to purchase KRW 30 million (hereinafter “instant sales contract”).

2) In the instant sales contract, the Plaintiff agreed to set up a collateral security right with respect to the instant land, the ownership transfer registration of which was impossible because the actual status was farmland.

3) Until August 31, 191, the network I paid the purchase price to the network D. The network D, around September 13, 1991, shall register the transfer of ownership with respect to the instant building site and buildings, and with respect to the instant land, the registration of the establishment of a mortgage (hereinafter referred to as the “registration of the establishment of a mortgage on the instant land”) with the Cheongju District Court No. 14577, Sept. 13, 1991, whose maximum debt amount is five million won with respect to the instant land (hereinafter referred to as the “registration of establishment of a mortgage on the instant land”).

A) Around that time, the instant land, building, and the instant land were delivered. (c) The Network I received the instant land from the network D, and then leased it to neighboring residents for cultivation.

The deceased I resided in Seoul, Sungnam, and Yangyang-si by the time of death, and did not own the land of this case.

2. On July 11, 2013, Defendant B transferred the registration of the establishment of a mortgage on the ground of inheritance by consultation and division on April 8, 2013.

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