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(영문) 부산고등법원 (창원) 2017.02.06 2016나21097
소유권말소등기 등
Text

1. The judgment of the first instance court, including a claim modified in the trial, shall be modified as follows:

Defendant E, Plaintiff 1.

Reasons

1. Basic facts

A. The deceased G (hereinafter “the deceased”) died on August 2, 2012.

At the time of the deceased’s death, there were Plaintiffs, Defendants, H, and I, who were their successors’ children.

B. The Deceased owned each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and each of the real estate was owned in the order of its use. However, on March 4, 2005, the Deceased District Court Musan-do, Changwon District Court No. 26599, which received on May 7, 2005, as to the real estate of No. 1, 2, 3, and 697 square meters prior to the Changwon-si, Changwon District Court, Musan-gu, Changwon District Court, the transfer registration of ownership in the name of Defendant E was made on March 30, 199 with respect to the real estate of No. 4, 5, and 6 on March 30, 199: “The transfer registration of ownership in the name of Defendant F on the ground of donation was made on March 19, 199 each of the following: “The transfer registration of ownership in the name of Defendant F on March 30, 199; the ownership registration was received on March 19, 198.

C. As to the real estate Nos. 1, 2, and 3 on August 6, 2013, Defendant E completed the registration of creation of a neighboring mortgage with the joint collateral of each of the said real estate as the joint collateral, and the synthetic Saemaul Depository as the creditor, with the maximum debt amount of KRW 240,00,000.

As of January 6, 2014, the secured debt of the above right to collateral security is KRW 200 million.

1) Defendant F is the Gu Agricultural Cooperatives (hereinafter “Gu Agricultural Cooperatives”) regarding the 5 real estate.

B B The establishment registration of a mortgage over the maximum debt amount of KRW 28,00,000 on September 7, 1999; the establishment registration of a mortgage over the maximum debt amount of KRW 14,00,000 on December 27, 2002; the establishment registration of a mortgage over the maximum debt amount of KRW 21,00,000 on July 19, 206; the establishment registration of a mortgage over the maximum debt amount of KRW 72,00,000 on June 21, 2010; the establishment registration of a mortgage over the maximum debt amount of KRW 65,00,000 on July 20, 201; the establishment registration of a mortgage over the maximum debt amount of KRW 10,000 on August 6, 2013; and

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