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(영문) 대전지방법원 서산지원 2018.12.18 2018가단53875
근저당권말소
Text

1. The Plaintiff:

A. The Defendants are the competent District Court of Daejeon District with regard to each real estate listed in the separate sheet.

Reasons

1. Basic facts

(a) E and F had 4 South boys, including Plaintiff, Defendant B, C and G, H, I, and J, under the chain.

Defendant D is the spouse of H.

B. On March 5, 191, the Plaintiff completed the registration of ownership transfer made on February 11, 1991 for each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

C. As to each real estate of this case, the Defendants completed the establishment registration of a mortgage (hereinafter “the establishment registration of a mortgage of this case”) consisting of the Plaintiff and the maximum debt amount of KRW 40 million as of March 5, 1991 by the Daejeon District Court No. 3667, which was received on March 5, 191. As to each real estate of this case, Defendant B completed the establishment registration of a mortgage of the Plaintiff and the maximum debt amount of KRW 150 million as of September 13, 2004, which was received on September 13, 2004 by the Daejeon District Court No. 4322, which was received on September 13, 2004 (hereinafter “the establishment registration of a mortgage of this case of the Plaintiff and the maximum debt amount of KRW 150 million, and Defendant C completed the establishment registration of a mortgage of the mortgage of this case of KRW 4323,23,000,000 (hereinafter “the establishment registration of a mortgage of this case”).

Defendant B filed a voluntary auction on the basis of the registration of the establishment of the second neighboring mortgage in the instant case, and the Plaintiff filed a lawsuit against Defendant B to confirm the existence of the debt (Seoul District Court Decision 2017No. 21070), and in the instant case, the judgment was rendered on February 8, 2018 that the secured debt of the registration of the establishment of the second neighboring mortgage in the instant case did not exist.

After appeal by Defendant B, the above judgment became final and conclusive by withdrawing the appeal.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 4 (including each number), the purport of the whole pleadings

2. In full view of the evidence No. 3, the evidence No. 1, the evidence No. 1, the evidence No. 1, and the purport of the whole pleadings as to the cause of the claim, it is recognized that the establishment registration of mortgage of each of the instant case was completed without any legal act establishing the secured claim with a view to preventing the plaintiff from taking a voluntary disposition.

(e).

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