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(영문) 전주지방법원 2018.01.30 2016가단16704
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s husband C died on March 9, 2003. The Defendant’s mother D died on March 11, 2006.

B. On January 28, 2004, the Plaintiff, as the owner of the real estate listed in the attached list (hereinafter “the instant real estate”), completed on January 28, 2004 the registration of creation of a neighboring mortgage amounting to KRW 30 million with the maximum debt amount (hereinafter “registration of creation of a neighboring mortgage”).

C. On October 24, 2006, Defendant E, F, G, and H filed a lawsuit against the Plaintiff, including the Plaintiff, who is the heir of the network D, and the Plaintiff, I, J, K, K, L, and M, the heir of the network D, against the Jeonju District Court 2006Kadan26538.

Plaintiff

On November 23, 2006, Jeonju District Court rendered a request for a judgment of limited acceptance inherited by inheritance under the Jeonju District Court's Military Branch 2006Ra516, and the above court rendered a judgment that accepted the report of qualified acceptance on November 30, 2006.

E. In the judgment of Jeonju District Court No. 26538 on Nov. 29, 2007, 2006, 2006Kadan26538, the Jeonju District Court recognized that “the fact that the network D leases KRW 10 million to the network C on Sep. 5, 2000, Jan. 29, 2002, KRW 10 million on Jan. 31, 2002, and KRW 10 million on Jan. 31, 2002, respectively, shall be reflected in the judgment of approval of the inheritance, and “the judgment of 2006Ga26538, Jan. 26538, 200.”

A. [The facts that there is no dispute over the basis for recognition, the entries in Gap evidence Nos. 1, 2, 4, and 5, and the purport of the whole pleadings.]

2. The parties' arguments and the judgment on them

A. On January 28, 2004, after the death of the deceased C, the Defendant forced the Plaintiff to repay the borrowed amount of KRW 30 million equivalent to the cause of the claim in the judgment of the deceased C. The Defendant forced the Plaintiff to pay the borrowed amount of KRW 2006Ga26538.

Therefore, although the Plaintiff did not have any debt owed to the Defendant, the Plaintiff completed the registration of the establishment of the neighboring establishment of the instant case.

Therefore, the registration of the establishment of a neighboring mortgage of this case is null and void as it was completed without cause.

B. The defendant succeeded to the claim against the deceased D's net C only at the time D's death.

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