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(영문) 서울중앙지방법원 2018.11.16 2017가합559089
근저당권말소
Text

1. As to the real estate stated in the attached Form to the Plaintiff, Defendant A and D shall be the vice registry office of the Seoul Central District Court on December 3, 1994.

Reasons

1. Basic facts

A. The Plaintiff is a local government with the authority to collect resident tax, capital gains tax, and local taxes under the Framework Act on Local Taxes, and the National Tax Collection Act, and has a claim on KRW 271,564,680 for E in arrears.

B. With respect to the real estate indicated in the Attachment (hereinafter “instant real estate”), E created, under Article 53479 of the Seoul Central District Court’s receipt on December 3, 1994, the right to collateral security of KRW 300,000 with respect to the debtor E, F, the maximum debt amount, KRW 300,000 with respect to the debtor, E, and the maximum debt amount, KRW 225,00,000 with respect to the debtor, E, F, the maximum debt amount, KRW 25,000 with respect to the registration office on December 3, 1994, and KRW 53479 with respect to the debtor, E, F, the maximum debt amount, KRW 225,000 with respect to the said registration office on December 3, 1994, and KRW 53479 with respect to G.

C. On February 6, 1998, Defendant B transferred 75,000,000 won of the right to collateral security to H on the ground of partial transfer of the right to collateral security, and completed the registration of partial transfer of the right to collateral security with the same registry office No. 5335 on February 7, 1998.

Since then, upon the death of H, the wife I and Defendant C, who is his child, were transferred the H’s right to collateral security by inheritance on April 9, 2005 to the same registry office No. 43592 on July 11, 2007.

I died on February 23, 2015, and Defendant C succeeded to the shares of I in relation to the foregoing right to collateral security.

G on July 1, 2005, transferred his right to collateral security to Defendant D on the ground of the transfer of the confirmed claim, and completed the registration of collateral security by the receipt of No. 40770 on July 25, 2005 of the same registry office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings

2. The Plaintiff’s assertion ① No secured claim for the establishment of a mortgage in the names of G, Defendant A, and B is nonexistent, and ② even if the secured claim exists in the establishment of a mortgage in each of the above units, the extinctive prescription expired thereafter.

Therefore, part of the right to collateral security between Defendant A, B and Defendant B was transferred.

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