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(영문) 울산지방법원 2017.04.12 2016가단21222
근저당권설정등기말소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The basic facts of the instant case are as follows, and there is no dispute between the parties as to them:

(hereinafter “E forest land 496m2” divided is called the instant forest land. F CF D E E H E

2. The plaintiffs' arguments seeking the cancellation of the registration of creation of a mortgage on the part of the claims stated in each of the defendants' names are examined as follows.

Whether to cancel the right to collateral security due to partition of co-owned property: The right to collateral security, such as the right to collateral security established on shares of either co-owner among the co-owned real estate, shall continue to exist on the whole co-owned property according to the previous shares ratio, and it shall not be naturally concentrated on the part divided in the future of either

Therefore, the right to collateral security established on the share of one co-owner still exists after the partition of co-owned property on the real estate owned by another co-owner.

(See Supreme Court Decision 88Meu24868 delivered on August 8, 1989). In addition, the registration of partition of co-owned property is merely the ground for registration, and the contents of the application for registration are merely the registration of co-owned property but merely the registration of co-owned property transfer, which was made with respect to a portion of a co-owner prior to the registration of co-owned property transfer, does not affect

Since the security right has the effect of the whole object by the "undivisibleness", such security right is effective, even if several goods are separated due to the in-kind division of the article jointly owned, the security right established on the share of each owner is still in existence according to the ratio of the share on each divided article.

Therefore, for example, A and B are divided into two parcels when the registration of collateral security has been made for the land jointly owned by A and B, and B are divided into two parcels.

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