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(영문) 부산지방법원동부지원 2020.01.22 2019가단200708
근저당권말소
Text

1. Of the real estate listed in the attached list to the Plaintiff, Defendant C’s share in the 3/15 portion, Defendant D, F, G, H, I, and J, respectively, with respect to the Plaintiff’s share in the 3/15 portion.

Reasons

On November 12, 1998, the Plaintiff borrowed KRW 40,000,00 from the Network K on November 11, 1999, and completed the registration of establishment of a neighboring real estate as indicated in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff on November 11, 199. After that, on November 11, 1999, the Plaintiff repaid the above loan to the Network K and recovered the certificate of loan and the certificate of completion of establishment of a mortgage registration. On March 13, 2008, the deceased on March 3, 2008. Defendant C, his spouse, Defendant D, F, G, H, I, and J, inheritance of the rights and obligations of the network K at the rate of shares of 2/15, as well as the rights and obligations of the Plaintiff’s real estate as indicated in the separate sheet (hereinafter “instant real estate”). As such, the Plaintiff and Defendant CF, H, I, and Defendant J did not appear in accordance with the purport of the Plaintiff’s reply and its submission.

Therefore, since the defendants, among the real estate in this case, have the obligation to perform the registration procedure for cancellation of the registration of the establishment of the above mortgage with respect to each inherited share, the plaintiff's claim against the defendants shall be accepted in its reasoning.

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