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(영문) 창원지방법원밀양지원 2019.12.18 2019가단12871
근저당권말소
Text

1. The Defendants received the registration office on November 5, 2003 from the Changwon District Court on each real estate listed in attached Table 2 from D.

Reasons

1. Indication of claims: To be as shown in attached Form 1;

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

3. Some dismissed parts of the Plaintiff sought the cancellation of the mortgage agreement between E and D, but this case is a creditor subrogation lawsuit seeking the cancellation of the mortgage agreement with the Defendants, who are the inheritors of E in subrogation of D as creditors of D, and thus, it is not acceptable to accept the part concerning the cancellation of the mortgage agreement related to the cancellation of creditor.

In addition, the plaintiff sought the cancellation registration procedure with respect to the whole registration of the establishment of the above neighboring mortgage to the defendants, but it is recognized only within the scope of 1/2 of the inheritance shares of the defendants.

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