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(영문) 대전지방법원서산지원 2019.04.02 2018가단57983
근저당권말소
Text

1. On December 24, 2015, the Defendant: (a) on the real estate stated in the separate sheet to the Plaintiffs, Daejeon District Court, Jin-si Registry of the Daejeon District Court.

Reasons

1. Facts under recognition may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 5 (including branch numbers; hereinafter the same shall apply) by taking into account the whole purport of the pleadings.

Around February 29, 1996, E (Death on November 5, 2006) who is his father of the plaintiffs, completed the registration of ownership transfer on the ground of inheritance by agreement division, the registration of ownership transfer was completed in G, the mother of E, the mother of E, on the ground of donation dated October 16, 2006, with respect to the 6,149 square meters of the F forest in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, which completed the registration of ownership transfer on the ground of inheritance by agreement division.

B. On December 10, 2009, F forest land F. 6,149 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do was subject to registration conversion into 6,431 square meters in H forest land, and was divided into 3,306 square meters in H forest and 3,125 square meters in I forest and 3,125 square meters in December 15, 2009. The above H forest was divided into 826 square meters in J forest and 826 square meters in J forest and 2,330 square meters in J forest and 150 square meters in J forest and 206 square meters in J forest and 3,306 square meters in J forest and 203.

C. On February 25, 2015, the land category of J-based forest was changed to a site on February 25, 2015.

(The land indicated in the attached list, hereinafter referred to as “instant land”). D.

Around October 9, 2009, E-M acquired 3306/6149 shares on the instant land due to donation on or around October 9, 2009, but became a sole owner by acquiring the remaining G’s shares due to the partition of co-owned property on December 15, 2009.

Then, M completed the registration of ownership transfer on May 13, 201 on the land in this case due to sale in N, his father.

E. N transferred shares in the instant land to O twice throughout the same period, and O became a sole owner of the instant land around October 11, 2013.

F. On December 24, 2015, theO entered into a contract with the Defendant and completed the registration of establishment of a neighboring mortgage of KRW 104,00,000 (hereinafter “the registration of establishment of a neighboring mortgage of this case”) with the Daejeon District Court No. 66877, Dec. 24, 2015, as the receipt of the maximum debt amount of KRW 104,000 (hereinafter “the registration of establishment of a neighboring mortgage of this case”).

G. The Plaintiffs against G, N, M,O, etc. with respect to forest land of 6,149 square meters in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, by this Court 2017Gahap50753.

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