logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.12.04 2016가단254459
근저당권말소
Text

1. As to the portion of 1/20 of each real estate listed in the separate sheet to Nonparty F:

A. Defendant C, D, and E.

Reasons

1. The Plaintiff has a claim against Nonparty F with KRW 123,097,246 (the principal of the loan plus KRW 33,125,001 + Unclaimed interest + KRW 89,530,705 + KRW 441,540 + KRW 440) as of December 1, 2016.

(2) On November 16, 201, G, as F’s referred, owned 1/4 shares of each real estate listed in the separate sheet (hereinafter “instant real estate”).

Accordingly, due to the inheritance of 1/5 shares to H, I, F, J, and K, a successor, the F owned 1/20 shares of the instant real estate.

(3) As to the F’s co-ownership of the network G’s co-ownership of the instant real estate, the following rights relationship is established.

① L completed the establishment registration of a mortgage on November 23, 1990, which was received on November 24, 1990 by the registration office of the Incheon District Court, as the maximum debt amount of KRW 50 million, and on November 23, 1990.

Since then L has died on February 25, 1998, Defendant C, D, and E jointly succeeded to the property.

(L’s spouse M was killed on March 26, 2013). (2) Defendant A completed the registration of the establishment of a mortgage on April 1, 1992 as the receipt of No. 7057 of April 1, 1992, the maximum debt amount of KRW 80 million, and the registration of the establishment of a mortgage on March 31, 1992.

③ Defendant B completed the registration of creation of a mortgage on February 5, 2003, as the receipt of No. 6432 of the same registry office, which was the maximum debt amount of KRW 30 million, and on February 4, 2003, the establishment of a mortgage on February 4, 2003.

(4) While F has no active property in his name except his share of co-ownership with respect to the instant real estate, F bears the same amount of judgment as before the Plaintiff.

(5) Meanwhile, on January 26, 2018, the Plaintiff transferred its claim against F to the Intervenor succeeding to the Plaintiff, and notified the transfer of the claim at that time.

[Reasons for Recognition]

arrow