(영문) 서울남부지방법원 2016.04.05 2015가단220119

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(영문) 서울남부지방법원 2016.04.05 2015가단220119

근저당권말소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiff A, B, and D are children between father E (the deceased on December 16, 194) and mother F (the deceased on November 28, 1994). The Defendant is a father’s name unsound (which is not legally marital relationship with the deceased F) and a mother’s net F.

B. On September 10, 1961, the Defendant registered the deceased F’s birth report as the child at the deceased F’s family register, and on the ground that the deceased F’s receipt of the pension was hindered, the Defendant was cancelled from the deceased F’s family register around January 18, 1983 through a request for adjudication without paternity in 1982.

C. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by the networkF. Upon the death of the networkF, the Plaintiffs and D completed the registration of ownership transfer due to inheritance as to each of the instant real estate on November 28, 1998 with respect to one-third shares of each of the instant real estate on November 28, 1998 (No. 6122, Nov. 28, 1998, receipt of No. 6122, Nov. 28, 1998, and inheritance on November 28, 1994). On the same day, the Defendant completed the registration of ownership transfer with respect to each of the instant real estate owned by the mortgagee, the Defendant, the debtor, the Plaintiff A, B, the maximum debt amount of each of the instant real estate amount of KRW 1/3,000,000,0000 for each of the instant real estate, and the registration of creation of a mortgage (hereinafter “the instant contract”).

At the time of the completion of the establishment registration of a neighboring mortgage of this case, the agreement to establish a mortgage between the plaintiffs and the defendant stated that "a neighboring mortgage holder shall set up a priority mortgage on real estate, which was put in real estate at the end of the secured co-owner's end, with all obligations, such as a loan certificate, check, and payment certificate, signed and sealed by the debtor as either a sole or several obligation or a guarantor to be borne or to be borne by the creditor within the extent of the above amount, and all obligations arising from commercial transactions, such as all obligations on bills and checks

[Ground of recognition] A.

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