logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.07 2015가합504917
근저당권설정등기말소등기청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of the case is that the plaintiff is the sole heir of the deceased C, and the plaintiff seeks the cancellation of the registration of the establishment of a mortgage in the name of the deceased C among each real estate listed in the separate sheet on the ground that there is no secured debt.

In fact, the deceased C's inheritance relation report with D on May 10, 1977 and died on August 14, 2014, after completing the marriage report with D on May 10, 197.

On October 31, 2014, D and E filed a declaration of renunciation of inheritance (the Daejeon Family Court's 2014-Ma927), and the Plaintiff filed a declaration of qualified acceptance (the Daejeon Family Court's 2014-Ma928) on November 13, 2014.

Accordingly, the plaintiff becomes a sole heir of the deceased C.

The registration of ownership transfer was completed on July 18, 2005 in the name of G, H and net C from August 19, 2005 with respect to 1/3 shares in the registration-related ownership pension site (the real estate listed in paragraph 1 of the attached Table) and the above ground pented building (each real estate listed in paragraph 2 and paragraph 3 of the attached Table).

Since then, the share relationship was changed as follows.

Finally, G, I, and the Plaintiff own 1/3 shares, and buildings hold 2/3 shares, and 1/3 shares and 1/3 shares.

On September 20, 2011, G1/3 H 1/3 of the title holder G 1/3 on the date of the second registration date of the first title holder’s share transfer, and on September 20, 201, G 1/3 of the title holder’s registration date of the second title holder’s registration date of the second title holder’s ownership, G 1/3 of the title holder’s registration date of the second title holder’s registration date of the second title holder’s ownership, and C/L 1/3 of the first title holder’s share of the land for compulsory auction (Plaintiff) on December 20, 2013, 201, and C/L 207.3 of the title holder’s registration date of the second title holder’s registration date of the second title holder’s ownership before March 17, 2006, as to the registration date of the second title holder’s ownership of the building on September 20, 2011.

3.2

arrow