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(영문) 의정부지방법원 2016.06.03 2015가단15634
근저당권설정등기 말소
Text

1. Defendant D:

A. The District Court shall have jurisdiction over the share of 4/10 out of the land listed in the attached list No. 1 of the Plaintiff A.

Reasons

1. Basic facts

A. Of each land listed in the separate sheet Nos. 1 and 2, the registration of the joint establishment of a mortgage in the name of Jung-gu District Court was completed on June 21, 1990 with respect to the share of 4/10 of each of the lands listed in the separate sheet Nos. 6830, Jun. 21, 1990, with the maximum debt amount of 14 million won, and H’s joint establishment of a mortgage in the name of debtor G was completed. However, the additional registration of the joint establishment of a mortgage in the Defendant D’s name was completed on September 25, 2003, as the receipt of No. 18420, Sept. 25, 2003.

B. On May 18, 192 with respect to the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”), the registration of ownership transfer was completed in the Plaintiff’s name on May 18, 192, and ② the registration of ownership transfer in the Plaintiff’s name was completed on August 27, 2003 with respect to the 6/10 portion of the land listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant land”). As to the 4/10 share, the registration of ownership transfer in the Plaintiff’s name was completed on March 19, 2012.

(A) Of the land No. 2 of this case, the part on which the right to collateral security is established is 4/10 shares in the name of Plaintiff C.

around June 27, 2003, the building listed in attached list No. 3 (hereinafter “instant building”) was constructed on the ground of the instant land No. 2. Since that time, Defendant E and F resided in the instant building and used the instant land No. 2.

(see, e.g., the statements by the Defendants at the second date for pleading).

Plaintiff

A and Defendant D were living together from around 2002 to reside together with the building of this case while maintaining a de facto marital relationship. However, the de facto marital relationship was broken down at the time when the building of this case was constructed.

E. Plaintiff B is the shot of Plaintiff A, and Plaintiff C is the council of Plaintiff A.

Defendant E and F are the parents of Defendant D.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 3 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Registration of the establishment of neighboring facilities;

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