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(영문) 서울동부지방법원 2016.04.26 2014가합105743
근저당권설정등기의 말소청구 등
Text

1. As to the real estate listed in paragraph 1 of the attached list to the Plaintiff A:

(a) Defendant E is a senior governmental branch of the District Court.

Reasons

Facts of recognition

Plaintiff

On October 10, 198, with respect to the real estate stated in Section 1 of the attached list A owned, the mortgage establishment registration was completed on October 10, 198 on the ground of the contract to establish a mortgage. Defendant E completed the registration of the establishment of a neighboring mortgage in accordance with the High Government District Court Yangyang Branch Office No. 88142 on September 4, 1995. K completed the registration of the establishment of a neighboring mortgage in accordance with Article 88141 on the same day.

Plaintiff

On May 1, 1990, K completed the registration of creation of a neighboring mortgage as the receipt No. 7981 on September 14, 1995 for each real estate listed in [Attachment List Nos. 2 and 3, the ownership of B, as the ground of the contract to establish a mortgage.

Plaintiff

C With respect to the share of 803.66/8407 of each real estate listed in [Attachment C] List No. 4 to 7, K completed the establishment registration of a neighboring mortgage as of September 6, 1995 on the ground of a mortgage contract on April 2, 1989.

On November 25, 1994, Defendant F completed the registration of establishment of a neighboring mortgage by Hongcheon District Court No. 13972, Nov. 25, 1994, which was received on November 25, 1994.

Plaintiff

D has completed the registration of transfer of ownership on March 2, 2007 with respect to the real estate listed in paragraph 8 of [Attachment List] on March 6, 2007.

K died on February 6, 199, and Defendant F, G, H, I, and J are the successors of K.

Plaintiff

L, the owner of the real estate listed in Section 8 of the Schedule A, B, and C, was the owner of the real estate listed in Section 8 of the Schedule, and L, upon entering into a mortgage agreement to borrow money from K, Defendant E, and F, and did not borrow money thereafter.

[Ground of recognition] ① Defendant E: According to the above facts of recognition: (a) Defendant F, G, H, and I under Article 150(3) of the Civil Procedure Act; (b) Defendant F, G, H, and I: Evidence A Nos. 1 and 4; (5) Evidence Nos. 1 and 5-2; (b) Party A’s Evidence Nos. 7-1 through 4; (c) the overall purport of the pleadings; and (d) Defendant J. : (a) according to the above facts of recognition, Defendant F, G, H, I, and J succeed to the rights and obligations of K upon the death of K; and (b) between Plaintiff

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