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(영문) 광주지방법원 2017.05.31 2015가단52775
근저당권말소
Text

1. As to the Plaintiff’s share of 7/35 shares in the real estate listed in the separate sheet, Defendant B, C, D, and E, and Defendant F, 3/35.

Reasons

1. The cause of the claim shall be as specified in attached Form;

(However, the Plaintiff’s assertion that the secured obligation was repaid out of the Plaintiff’s assertion on February 2, 2007 that was determined by the court below was extinguished by prescription, barring any special circumstance, since 30 years have passed since the instant collateral security was established.

Meanwhile, on the other hand, the deceased J died on August 21, 200 and his inheritor succeeded to the deceased, K, L, and M. The above inheritors renounced inheritance under the Seoul Family Court Decision 2000 Gadan5781 on October 19, 200, and the above renunciation of inheritance is obvious in the record that the Defendants succeeded to the deceased as the second-class inheritor.

Therefore, since the secured obligation of the right to collateral security has been extinguished, Defendant B, C, D, and E, out of the real estate listed in the separate sheet, are obligated to perform the procedure for cancellation of the registration of the establishment of the right to collateral security completed as of each of the 7/35 shares among the real estate listed in the separate sheet, Defendant F, with respect to each of 3/35 shares, Defendant I, and H, with respect to each of 2/35 shares, Defendant I, and H, with respect to each of 2/35 shares, and with respect to each of the 2/36 shares, the Gwangju District Court’s registration office of July 26, 198

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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