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(영문) 대구지방법원 2020.08.19 2020나301276
근저당권말소
Text

The judgment of the first instance shall be revoked.

2. Defendant B shall provide the Plaintiff with each real estate listed in paragraphs 2, 3, and 4 of the attached list of real estate.

Reasons

1. Basic facts

A. On September 8, 1994, the network K owned each real estate listed in the separate sheet Nos. 2, 3, and 4 (hereinafter “instant Claim Nos. 2”) with respect to each of the said real estate to Defendant B, the mortgage creation registration (hereinafter “the mortgage creation registration”) was completed on September 7, 1994 by the maximum debt amount of KRW 9,90,000,000 for each of the said real estate, and by the debtor’s network K.

B. On January 10, 1996, the Network K, which owned the instant Claim 4 and Claim 1 and Claim 5 prior to the division, had completed the registration of establishment of a mortgage for each of the said real estates with respect to the instant real property, as the maximum debt amount of KRW 9,900,000, and each of the neighboring mortgages registered as the debtor network K, which was determined as the debtor network K (hereinafter “the registration of establishment of a mortgage for the second neighboring mortgages”).

Since December 22, 1997, the real estate of this case Nos. 1 and 5 was divided into the real estate of this case and the real estate of this case No. 5.

C. On November 25, 1997, the deceased K and the Plaintiff completed the marriage report by law.

On December 22, 1997, the Network K completed the registration of ownership transfer based on the gift of December 5, 1997 with respect to the real estate of this case Nos. 1 through 5 to the Plaintiff.

On September 29, 2017, the network K filed a divorce and a lawsuit for division of property against the Plaintiff, and died during the said lawsuit.

E. Meanwhile, the deceased on May 7, 2013, and the deceased M died, and there was Defendant D, E, F, G, and R, the deceased on December 28, 2017, who is the deceased’s heir and children, and R was Defendant I and J, the spouse of the deceased on December 28, 2017.

The share of inheritance of the above Defendants for the network M shall be as specified in the separate shares of inheritance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, 13, Eul evidence Nos. 1 and 2 (including paper numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. The registration of the establishment of the mortgage of the first and second places of the instant case is the secured claim of the right to collateral security from the beginning.

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