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(영문) 대전지방법원논산지원 2019.01.10 2018가단20487
근저당권말소
Text

1. The Plaintiff, Defendant B, and Defendant C and D, with respect to shares of 3/7, respectively, are forest E with respect to shares of 2/7.

Reasons

Description of Claim

On March 2, 1993, the deceased F (hereinafter referred to as the “the deceased”) set forth and lent KRW 50 million to Nonparty G on December 31, 1993.

On March 2, 1993, the Plaintiff concluded a mortgage contract with the Deceased on the 112,649 square meters of forest E, Chungcheongnam-gun, Chungcheongnam-gun, the Plaintiff owned (hereinafter “the instant forest”).

According to the aforementioned mortgage contract, on March 3, 1993, the Plaintiff completed the registration of establishment of a neighboring mortgage to the Deceased under Article 2611 of the Daejeon District Court’s receipt of the registration office of grant of the Daejeon District Court regarding the forest of this case, the maximum debt amount of KRW 70 million and the debtor G.

(hereinafter “the instant establishment registration of a mortgage”). The secured debt of the instant establishment of a mortgage was extinguished by G’s repayment around December 1993, or 5 or 10-year extinctive prescription has expired after the due date, and the right to collateral security also ceased to exist according to the father’s nature.

The deceased died on January 3, 1997, and his heir C and D, who is the spouse, is the defendant B and C.

Therefore, the Defendants are obligated to implement the cancellation registration procedure regarding the registration of establishment of a mortgage in the vicinity of the instant case with respect to each inheritance share (Defendant B 3/7, Defendant C, and Defendant D 2/7) to the Plaintiff.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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