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(영문) 창원지방법원 2017.11.22 2017나50284
근저당권말소
Text

1. The plaintiff's appeal is dismissed.

2. At the time of the preliminary claim added at the trial,

A. F is against the Defendants.

Reasons

1. Basic facts

A. On September 28, 2005, the Busan Savings Bank filed a lawsuit against the deceased G with the Busan District Court Decision 2005Gahap5099, and the above court rendered a judgment that "G shall pay the amount of 89,417,380 won to Busan Mutual Savings Bank and the amount of 20% interest per annum from August 3, 2005 to the date of full payment." The above judgment became final and conclusive on November 12, 2005. 2) The plaintiff succeeded to the claim described in paragraph 1) on November 23, 201 through a decision of the Financial Services Commission to decide on the extension of the prescription period of the judgment mentioned in paragraph 1 of the above paragraph, and the court rendered the above judgment to the plaintiff within the scope of 00Da186329,000,000,000 won per annum 200,000,000 won per annum 300,000,000 won per annum 30.

B. 1) The network G is 582 square meters prior to H in Kimhae-si (hereinafter “instant land”).

(1) On November 29, 1996, the Plaintiff owned the instant land and completed the registration of the establishment of a mortgage (hereinafter “mortgage”) at KRW 250,000,000 on November 29, 199, setting forth the debtor G, I, and maximum debt amount as KRW 250,000.

(2) On March 30, 2015, the Plaintiff completed the registration of ownership transfer in the name of the heir on the instant land by subrogation of the deceased G’s heir.

(F) On April 14, 2015, the registration of ownership transfer was completed under the name of F, J, and K, and the ownership was corrected under the name of F, an heir who made a qualified acceptance.

(1) On June 23, 2013, the deceased G died on June 23, 2013, and J and K, the children, renounced their inheritance, and F, the wife, was solely inherited by inheritance, and finally confirmed by inheritance limited recognition judgment by the Suwon District Court Decision 2013-Mao502. (2) The deceased I died, and as the co-inheritors, the Defendant A’s inheritance shares of the deceased spouse.

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