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(영문) 대구지방법원영덕지원 2019.08.13 2018가단10895
근저당권말소
Text

1. On November 15, 1991, the defendant filed against the plaintiffs each real estate stated in the separate sheet with the Ulsan District Court, Ulsan District Court on each of the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. The deceased G (hereinafter “the deceased”) died on May 16, 199. At the time of the deceased’s death, the statutory inheritor had the Plaintiff B, C, D, E, and net H (the deceased’s children, on December 18, 2008).

B. 1) On November 2, 1991, I stated each of the real estate owned by the deceased in the separate sheet (hereinafter “instant real estate”) between the deceased and the deceased (hereinafter “instant real estate”).

(1) As to the instant mortgage (hereinafter “mortgage”) with respect to “the maximum amount of claims: 20 million won; the Deceased and the Creditor: The Deceased and the Creditor: hereinafter “the instant collateral security”).

) The contract was concluded, and the Daegu District Court Law No. 8839, Nov. 15, 1991, received on November 15, 1991 (hereinafter “instant registration”).

(2) On April 17, 1992, the Deceased borrowed KRW 17 million from I as “the date of repayment: June 30, 1992; interest: 1%) on June 30, 1992.”

(I’s above claim against the Plaintiff (hereinafter “instant claim”). C.

1) The instant claim was transferred from I to J on October 16, 2006, from J on August 28, 2008 to KR, from J on August 28, 2008, and from K on September 6, 2017 to the Defendant. 2) The instant right to collateral security was transferred from IC on February 26, 2008 to J on December 26, 2008, from J on December 26, 2008, and from KR on September 26, 2017, the separate registration was completed for the Defendant from KR on September 26, 2017.

1) At the time of February 26, 2008, J, the mortgagee of the instant right to collateral security, on behalf of the Plaintiffs and the deceased H, shall register the transfer of ownership in the names of the Plaintiffs and the deceased H on May 16, 199 (hereinafter “instant subrogation registration”).

(2) At the time of August 21, 2018, the Defendant, the mortgagee of the instant right to collateral security, on behalf of the Plaintiff, completed the registration of ownership transfer in the name of the Plaintiff on December 18, 2008 (the decedent: the deceased) on the instant real estate due to inheritance on December 18, 2008.

E. 1 The Defendant’s real estate in this case as L of June 26, 2018.

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