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(영문) 청주지방법원영동지원 2015.10.23 2015가단778
근저당권말소
Text

1. The Defendant received on September 21, 1992 from the Plaintiff with respect to the area of 826 square meters in Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. The Plaintiff’s acquisition of land ownership 1) The Plaintiff’s acquisition of land is 826 square meters per annum (hereinafter “instant land”).

On October 31, 1979, the registration of ownership transfer was completed in the name of D on October 31, 1979. The registration of ownership transfer was completed in the name of D on January 6, 2010 on the instant land. The registration of ownership transfer was completed on December 13, 2009 on the part of the Plaintiff.

3) Meanwhile, since the time D’s completion of the registration of ownership transfer with respect to the instant land, D or the Plaintiff continued to possess the instant land. (B) D and the Defendant entered into a contract with D on April 8, 1992, under which D and the seller’s name was E, selling the instant land at KRW 22.5 million (hereinafter “instant sales contract”).

2) On July 30, 1992, D, respectively, shall include the following descriptions (hereinafter “each of the instant notes”).

(3) On September 7, 1992, D and the Defendant concluded a contract to establish a collateral security (hereinafter “mortgage”) with respect to the instant land as the Defendant, and on September 21, 1992, D and the mortgagee completed the registration of the establishment of a collateral security (hereinafter “mortgage”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 (including paper numbers), Eul evidence Nos. 1 through 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion was completed on September 21, 1992 on the land of this case, and the registration of the establishment of the mortgage of this case was completed on September 21, 199, according to the sales contract of this case, which becomes the secured claim for ten years from that time.

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