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(영문) 전주지방법원남원지원 2020.08.12 2019가단1597
저당권말소등기 청구의 소
Text

1. The plaintiff received on April 7, 1998 from the Jeonju District Court for the real estate stated in the attached list.

Reasons

1. Determination as to the cause of claim

A. The plaintiff borrowed nine million won from E, and completed the registration of establishment of the plaintiff's establishment on April 31, 1998 with respect to the real estate stated in the attached list to E under the mortgage agreement with E on April 7, 1998 as the amount of 9 million won in the amount of claim under the receipt of No. 7182 on April 7, 1998, and the due date for payment.

(2) On January 6, 2003, the Seoul Family Court Decision 2003Ra1477 decided March 6, 2003 (hereinafter “the instant mortgage”). E died on January 4, 2003 (hereinafter “the deceased”). The deceased’s heir had spouse D, children F, G, H, Defendant B, and C, but F, G, and H received the adjudication of renunciation of inheritance by Seoul Family Court Decision 2003Ra1477.

[Grounds for Recognition] The main text of Article 150(3) and the main text of Article 150(1) of the Civil Procedure Act

B. According to the above facts of recognition, the Defendants’ claim for loans against the Plaintiff, which is the secured claim of the instant mortgage, had expired on January 1, 2009 after the expiration of the ten-year extinctive prescription period from December 31, 1998, the due date for payment. Thus, the Defendants, who inherited the instant mortgage from the deceased, should implement the procedure for registration of cancellation of the registration of the establishment of the instant mortgage to the Plaintiff according to their shares.

Therefore, Defendant D is obligated to perform the procedure of cancellation registration for shares of 3/7 out of the registration of establishment of the instant mortgage, and for shares of 2/7 out of the registration of establishment of the instant mortgage, Defendant B and C, respectively.

2. Conclusion, the Plaintiff’s claim against the Defendants is justified and accepted.

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