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(영문) 의정부지방법원 2018.10.19 2018가단104757
소유권이전등기
Text

1. As to each real estate listed in the separate real estate list with respect to the plaintiffs:

A. Defendant F shall be this Court on January 23, 2017.

Reasons

1. Basic facts

A. On October 18, 1989, on each of the real estates listed in the attached real estate list (hereinafter collectively referred to as “the instant real estate list”) in the name of the deceased on October 18, 1989, the deceased divided the ownership of the real estate into 638 square meters and 60 square meters prior to M on April 25, 2017, and among which, on July 17, 2017, the land category of 638 square meters prior to M changed into “the same as the present one,” the J established a collateral security (hereinafter referred to as “instant collateral security”) with a maximum debt amount of 65 million square meters on December 16, 1996.

B. On January 30, 2009, the deceased K, the heir of the deceased I, acquired the ownership of the instant real estate solely due to inheritance by agreement division, and on May 19, 2016, filed a lawsuit against J for the cancellation of the instant right to collateral security (this Court Decision 2016Ga15174).

C. Defendant F purchased the instant real property and acquired ownership in the discretionary auction procedure (this court L) commenced on the basis of the instant collateral security.

On February 17, 2017, the deceased K filed a lawsuit of demurrer against the distribution by asserting that the secured claim of the instant right to collateral security has been nonexistent or extinguished (this court 2017Da103559), and then withdrawn the lawsuit of demurrer against the cancellation of the instant claim filed against J on the following day.

However, the network K had already died on February 7, 2017, which was prior to the filing of a lawsuit of demurrer against the said distribution and the withdrawal of the lawsuit of cancellation of the instant claim for the right to collateral security.

E. As to the instant real estate, Defendant F created the right to collateral security (No. 11061) and superficies (No. 11062) with the maximum amount of debt on April 26, 2017, which is equivalent to 33.8 million won, with respect to the instant real estate. On November 27, 2017, Defendant F created the right to collateral security (the maximum amount of debt) with the maximum amount of debt at KRW 63.4 million.

F. In a lawsuit of demurrer against the distribution filed by the deceased K against J, this Court is the secured debt of the instant mortgage on January 16, 2018.

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