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(영문) 부산지방법원 2016.08.30 2016가단308148
근저당권말소
Text

1. As to the Plaintiff, Defendant B, C, and D’s share of 2/9 of each of the real estate listed in the separate sheet, Defendant E shall be listed in the separate sheet.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet, each of the reasons for registration was the contract concluded on May 9, 1994 with the Changwon District Court No. 13251, May 12, 1994, and the establishment registration was completed on the basis of the contract with the mortgagee, the mortgagee, the F, the maximum debt amount, the F, the maximum debt amount, the joint security amount of KRW 60,000, and the joint security was each of the real estate listed in the separate sheet.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). B.

F On June 7, 199, the F succeeded to the ratio of 3/9, 2/9, 2/9, 3, and D, respectively.

[Reasons for Recognition] Facts that there is no dispute between the parties, each entry of Gap evidence 1 to 6 (including additional number), and the purport of the whole pleadings

2. The assertion and judgment of the party involved

A. The Plaintiff asserts that, around the other hand, the statute of limitations has expired, the secured obligation of the establishment of the instant neighboring mortgage was expired, and that, in preliminary, the establishment of the establishment of the establishment of the instant neighboring mortgage and the borrowing of KRW 50,00,000 from F, but did not actually receive the loan, the establishment of the establishment of the instant neighboring mortgage should be cancelled.

B. As to the Plaintiff’s primary assertion, it is apparent that 10 years have elapsed since the date of the contract for the creation of the right to collateral security in this case, the secured obligation of the establishment of the right to collateral security in this case was completed and expired.

C. Therefore, the Defendants, the heir of the networkF, are obligated to implement the registration procedure for cancellation of the establishment registration of a neighboring mortgage made on May 12, 1994 by the Changwon District Court No. 13251, as to each of their respective shares of inheritance among the real estate listed in the separate sheet to the Plaintiff.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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