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(영문) 의정부지방법원 2017.09.22 2017가단13670
근저당권말소
Text

1. The Defendants, on December 195, shall provide the Plaintiff with the registration office of the Kug Government District Court as to each real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. On December 27, 1995, D completed the registration of creation of a mortgage with the maximum debt amount of KRW 180 million with respect to the land and building E in Gangwon-do, the steel source E prior to subdivision, to the Defendants.

B. D, after dividing the above land and buildings, sold each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Plaintiff, D completed the registration of ownership transfer with respect to the instant real estate on August 10, 1998.

C. On June 7, 1998, before completing the registration of ownership transfer, the Plaintiff paid only 67 million won including the purchase price of the real estate of this case to the Defendants. The Defendants decided to cancel the registration of ownership transfer of the above real estate of this case to the Plaintiff.

【Defendant B: Fact that there is no dispute, and Defendant C: deemed as confession

2. According to the facts of the above recognition, since the secured debt of the registration of the establishment of a neighboring mortgage on the instant real estate by the Defendants was deemed to have been extinguished by repayment, the Defendants are obliged to cancel the registration of the establishment of the above neighboring mortgage on the instant real estate to the Plaintiff

3. In conclusion, the plaintiff's claim against the defendants is with merit, and it is so decided as per Disposition.

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