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(영문) 인천지방법원 2015.02.04 2014나17855
근저당권말소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants, D, K, F, and G are siblings born between L and H.

B. On July 24, 1975, the registration of ownership transfer was completed on July 21, 1975 for each of the instant real estate on July 24, 1975, and on January 30, 2004, the registration of ownership transfer was completed on January 29, 2004 in the Plaintiff’s future, and on September 12, 2012, the registration of ownership transfer was completed on September 12, 2012 for 1/7 shares of each of the instant real estate on September 12, 2012.

C. Meanwhile, on April 7, 2006, the establishment registration of the mortgage of this case was completed with respect to each real estate of this case as the maximum debt amount of 300 million won, the debtor, the plaintiff, and the defendants of the right to collateral security.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading

2. The assertion and judgment

A. 1) Plaintiff 1’s assertion that the establishment registration of a mortgage of this case was completed under the Plaintiff’s sole name and completed the establishment registration of a mortgage of this case under the Plaintiff’s name in order to prevent the Plaintiff’s arbitrary exercise of property right, and thus, should be cancelled as it is the registration invalidation of the cause for which the Defendants arbitrarily forged and completed the establishment of a mortgage agreement without the Plaintiff’s consent. ② Even if not, the establishment registration of a mortgage of this case is invalid as it is null and void as the secured claim does not exist. ② Even if the Defendants agreed to jointly receive a gift of each of the instant real estate from H, the establishment registration of a mortgage of this case should be revoked.

B. In the absence of special circumstances, the registration of any real estate was completed as to the registration of the establishment of a mortgage near the instant 1st place pursuant to the said Article.

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