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(영문) 창원지방법원마산지원 2017.04.13 2016가단5354
근저당권설정등기말소등기
Text

1. As to the real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant):

A. Defendant B is the Changwon District Court Msan Branch.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. As to the real estate indicated in the separate sheet owned by E (hereinafter “the deceased”), Defendant B completed the registration of creation of a mortgage on May 24, 2004 with the maximum debt amount of KRW 120,00,000,000 for debtor F; Defendant C completed the registration of creation of a mortgage on October 8, 2004 with the debtor’s maximum debt amount of KRW 38,000,000; Defendant C completed the registration of creation of a mortgage on February 27, 2006 with the debtor E; Defendant D completed the registration of creation of a mortgage on February 27, 2006 with the debtor of KRW 120,000,000; and the debtor as G.

B. The Deceased died on May 5, 2016.

On June 7, 2016, wife H and children, I, J, K, L, and M agreed on the division of inherited property of this case, which are inherited property, as the sole ownership of the Plaintiff.

On June 8, 2016, the Plaintiff completed the registration of ownership transfer on the real estate by agreement division.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including paper numbers), the purport of the whole pleadings

2. Plaintiff’s claim against Defendant B

A. Since the statute of limitations expired upon the Plaintiff’s assertion’s claim, Defendant B should cancel the registration of establishment of a neighboring mortgage.

B. The facts acknowledged prior to the judgment, Eul's evidence Nos. 1 and 2 (including virtual numbers) and the purport of the whole pleadings are as follows: according to the purport of the whole pleadings, defendant Eul, who manufactures and sells cremation paper business, completed the registration of the establishment of a neighboring mortgage on the real estate of this case on May 24, 2004 to secure the price when supplying cremation paper to N and F, and supply N and F with cremation from April 8, 2004 to September 15, 2004; F delivered a promissory note amounting to KRW 16,00,000 for the payment of the price to the defendant Eul around June 10, 2004 to the defendant Eul but was in default; N was in default on the payment of KRW 11,00,000 for the payment of the price to the defendant Eul on August 4, 204 to the extent that the bill was in default on the payment of KRW 5,00,500 for the payment of the price.

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