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(영문) 춘천지방법원원주지원 2016.05.12 2016가단102
근저당권설정등기말소등기청구
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Determination on the legitimacy of the instant lawsuit

A. The Plaintiff (Appointed Party)’s assertion 1) each real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) As the network D died on May 26, 1993, E, which is the deceased D, completed the registration of transfer of ownership by agreement division under No. 414 on January 113, 2001 as to the instant real estate by the Chuncheon District Court’s Crossing Branch Registry No. 414 on January 113, 2001.

After all, E completed the registration of establishment of a neighboring agricultural cooperative with a maximum debt amount of KRW 180,00,000 on January 29, 2001 with respect to the real estate stated in the attached list Nos. 1, 3, 4, 5, 8, 10 through 17, as to the real estate stated in the attached list Nos. 1, 3, 4, 5, 8, 10 through 17.

In addition, E had the Defendants completed the registration of creation of a mortgage over the maximum debt amount as the Chuncheon District Court No. 1742, Feb. 5, 2010, regarding the instant real property.

3) On the other hand, D’s heir, like as shown in the separate sheet of inheritance calculation, has six persons, including Plaintiffs (the deceased F’s heir) and six persons, I, J, and K with respect to the instant real estate due to the agreement on division of inherited property with the content that the instant real estate was inherited from the network D. This is null and void since only was made between the Plaintiffs, E, I, L, and K with the exception of six persons, including the deceased heir H, who is the deceased D’s heir, and only between the Plaintiffs, E, I, and K, on the ground that the agreement on division of inherited property becomes null and void. 4) Accordingly, the Plaintiffs’ “Sari Agricultural Cooperative,” as indicated in the separate sheet of inheritance 1, 3, 4, 5, 8, 10 through 17, as indicated in the separate sheet of inheritance registration with respect to each of the real estate’s shares received on 25,201,25,29,000 for each of the real estate’s shares received on 25,21,25,25,29.25.

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