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(영문) 광주지방법원장흥지원 2019.08.28 2018가단733
저당권설정등기말소
Text

1. The Defendants shall receive, on December 17, 1998, from R with respect to the area of 96 square meters in Seoul Special Metropolitan City, Seoul Special Metropolitan City, the head of the Seoul Special Metropolitan City District Court.

Reasons

1. Facts of recognition;

A. The Plaintiff holds to R a claim for reimbursement based on the payment order (No. 2010 tea) No. 8777 at the Gwangju District Court.

B. On December 17, 1998, Defendant B, RT, and R U completed the registration of establishment of a mortgage on the real estate stated in paragraph (1) of the Disposition No. 1 of the R ownership order.

C. The deceased’s successors and respective inheritance shares are: C/42; Defendant D2/42; Defendant E2/42; Defendant F3/42; Defendant G2/42; Defendant H2/42; Defendant H2/42; Defendant I7/42; Defendant J7/42; Defendant J7/42; Defendant K7/42; and Defendant L7/42.

The deceased U’s successors and respective inheritance shares are Defendant M 1/5, Defendant N1/5, Defendant P 1/5, Defendant P 1/5, and Defendant Q 1/5.

E. The Defendants did not exercise their claim over 10 years.

[Reasons for Recognition]

(a) Defendant B: Evidence Nos. 1 and 2, and the purport of the whole pleadings;

B. Defendant C, G, H, I, J, K, M, N, P: Article 208(3)2 and Article 150(3)(i) of the Civil Procedure Act

(c) Defendant D, E, F, L,O, Q: Article 208(3)3 of the Civil Procedure Act (Service by Public Notice)

2. Accordingly, inasmuch as the secured debt of the Defendants’ above mortgage has expired by prescription, its registration must be cancelled. The Plaintiff’s claim of this case seeking subrogation of V, the debtor, is justified.

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