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(영문) 서울중앙지방법원 2015.09.02 2014가합52846
근저당권말소
Text

1. As to the Plaintiff’s share of 2,91/5,256 square meters in Pyeongtaek-si E-si and 5,256 square meters, Defendant B is the Suwon District Court, and Defendant B is the Suwon District Court.

Reasons

1. Basic facts

A. On December 30, 1992, F concluded a mortgage agreement with Defendant B to set up a maximum debt amount of KRW 17 million with respect to the portion of the instant real estate, which is one’s own possession, under the name of Defendant B, and concluded with Defendant B the mortgage agreement with Defendant B on January 5, 1993 with respect to the share of the instant real estate, the maximum debt amount of KRW 17 million with respect to the share of the instant real estate was completed on January 5, 1993 by receipt of No. 198 on January 5, 1993.

B. In addition, on May 27, 1993, F concluded a mortgage agreement between Defendant C with regard to the share of the instant real estate with a view to setting the right to collateral under the name of Defendant C with regard to the share of the instant real estate, and subsequently, F concluded a mortgage agreement with Defendant C with respect to the share of the instant real estate with the Suwon District Court No. 27799, which received on May 31, 1993 as to the share of the instant real estate, the maximum debt amount was KRW 60 million with respect to the share of the instant real estate, and the debtor, F and the mortgagee were the Defendant C with regard to

C. Thereafter, on December 4, 1999, F concluded a mortgage-backed contract with Defendant D to set up a maximum debt amount of KRW 30 million with respect to the share of the instant real estate in the name of Defendant D with respect to the creation of a mortgage-backed claim of KRW 30 million with respect to the share of the instant real estate, and subsequently, F concluded the mortgage-backed claim with Defendant D with respect to the share of the instant real estate in the name of Defendant D, which was KRW 30 million with respect to the maximum debt amount of KRW 48579, Dec. 7, 1999, which was received on December 7, 1999.

On the other hand, on August 6, 2012, the Plaintiff acquired the ownership of the instant real estate based on inheritance by agreement division.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1 and 4, the purport of the whole pleadings

2. The registration of the establishment of a mortgage in the name of the Defendants, which was completed with respect to the Plaintiff’s assertion of the instant real estate, is an invalidation of the cause for which the secured claim had not existed from the beginning, and even if the secured claim exists, each of them shall be registered

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