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(영문) 전주지방법원정읍지원 2014.01.21 2013가단2663
근저당권말소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, Gap's statements (including cases where there are additional numbers), Gap's statements, and the purport of the whole pleadings; Gap's statements (including cases where there are additional numbers) and the purport of the whole pleadings);

A. The plaintiffs are siblings, and D and E are parents of the plaintiffs.

B. On December 24, 2001, the Defendant concluded a mortgage contract with D as the debtor (hereinafter “instant contract”) regarding real estate indicated in the Plaintiffs, D, E, and attached Form 1, and the F, 304 square meters in size prior to North Korea, with the maximum debt amount of KRW 100 million, and entered into a mortgage contract with D as the debtor.

C. The instant contract is a comprehensive collateral security contract, and the scope of the secured obligation is D’s obligation to the Defendant at present and in the future.

The registration of creation of superficies of this case was completed in accordance with the contract of this case, and the registration of creation of superficies of this case was completed in order to preserve the security value of registration No. 2 of this case.

E. The obligations covered by the instant contract are obligations against D’s own obligations, G guaranteed by D, and H, and among which D’s obligations were repaid, D’s obligations were extinguished by prescription, and D’s H-related obligations were partially repaid, and still remain without extinction by prescription.

F. On March 13, 2003, E completed the registration of ownership transfer with respect to the real estate No. 2 stated in the “Real Estate Indication” No. 1. 1.

G. D completed the registration of ownership transfer with respect to the real estate in subparagraphs 3 and 4 of attached Form 1, which indicated "the indication of real estate" on March 13, 2003.

2. The assertion and judgment

A. A. A summary of the Plaintiffs’ assertion 1) around December 24, 2001, the Plaintiffs, D, and E agreed with the Defendant on the same content as the attached Form 2, and the same content as the attached Form 3, February 11, 201, respectively (hereinafter “each of the instant agreements”) as indicated in the attached Form 2, attached Table 3, and attached Table 3, respectively (hereinafter “each of the instant agreements”).

(2) According to each of the instant agreements, the obligation of the Plaintiffs, D, and E to pay to the Defendant is D.

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