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(영문) 의정부지방법원고양지원 2020.03.20 2019가단87197
근저당권말소
Text

1. The Defendant shall support the Plaintiff with respect to the share of 992/4,106, among the share of 4,106 square meters in the field of Pakistan-si.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed in D on July 4, 1991 on the ground of “transaction on May 16, 1991,” with respect to the 4,106 square meters in Papju-si (hereinafter “instant real estate”).

B. As to the portion of 1,653/4,106 of the instant real estate, the ownership transfer registration was completed on February 19, 2002 on the ground of “donation on February 18, 2002.”

C. On February 23, 2007, D completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 300,000,000 on the ground of the “contract to establish a contract on February 21, 2007,” with respect to the share of KRW 992/4,016 among the instant real property in this case.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

On January 19, 2014, with respect to the registration of the establishment of a new mortgage, the registration of the establishment of a new mortgage was completed in the Defendant’s future on the ground of “transfer of confirmed bonds on January 8, 2014.”

E. On September 9, 2016, the registration of transfer of ownership was completed on September 5, 2016 on the portion of 1,461/4,106 among the instant real estate on the ground of “donation”.

F. D died thereafter, and the Plaintiff, as an son, succeeded to a part of the instant real estate.

(A) [Evidence 1] / [Grounds for Recognition] , entry of Evidence A Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant mortgage did not have any secured obligation, and even if there existed, the ten-year extinctive prescription expired.

B. Defendant G purchased 92 square meters of the instant real estate jointly with D, and transferred its right to F, a creditor, by payment in kind, to F. In order to indicate F’s right to 92 square meters of the instant real estate, the establishment registration of the instant neighboring land was completed in order to indicate F’s right to 92 square meters of the instant real estate. The Defendant acquired the said right from F.

3. Determination

A. The relevant legal doctrine is a mortgage established by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act) and is arising from continuous transaction relations.

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