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(영문) 수원지방법원성남지원 2017.10.27 2017가단207450
근저당권말소
Text

1. The Defendant (Counterclaim) is the Suwon District Court with respect to the Plaintiff’s share of 5/10 of the real estate indicated in the attached Table.

Reasons

Basic Facts

- As the plaintiff A and the husband and wife, E have the plaintiff (Counterclaim defendant, hereinafter referred to as the "Plaintiff") C as their children.

- Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) is a female student of E.

- On May 28, 2014 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration for sharing the E 7/10 shares and Plaintiff C 3/10 shares was completed on July 7, 2014 at the Sungwon District Court Branch of Sungwon-nam Branch of Sungwon District as the grounds for registration.

- On February 7, 2015, upon the death of E on the same day, the split-off of inherited property, among the instant real property, the Plaintiffs’ inherited property, is established to inherit Plaintiff A’s 7/10 shares in proportion to Plaintiff A’s 5/10 shares and Plaintiff C’s 2/10 shares. Accordingly, the Plaintiffs shared one-half shares in the ownership of the instant real property.

- Of the instant real property, the maximum debt amount of KRW 200,000,000,000 for E-7/10 shares among the instant real property, and the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) that became the debtor, E-mortgage, and the mortgagee, was made on July 22, 2014 by the above branch office of registry.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, and the purport of the entire pleadings as to the claim for principal lawsuit, the establishment registration of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the collective security right in this case as the defendant with respect to E- 7/10 shares of the real estate in this case among the real estate in this case was completed due to the death of Eul, and it is recognized that Eul succeeded to 5/10 shares of the real estate in this case, and that there is no dispute between the parties, or that there is no obligation to guarantee the establishment of the establishment of the establishment of the collective security right in this case may be recognized by the statement No. 1 of evidence No. 1.

Plaintiff .

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