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(영문) 청주지방법원 2017.11.14 2016가단116312
근저당권말소
Text

1. As to the Plaintiff, as to Defendant B’s share in 3/5, and Defendant C’s share in 2/5, among 3,540 square meters prior to Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on October 19, 2009 with respect to 3,540 square meters (hereinafter “instant land”) owned by the Plaintiff, Cheongju District Court, Maju District Court No. 20871 on Oct. 20, 2009, as to the Plaintiff’s Magdong-gun, Magdong-gun, Magdong-gun, Magdong-gun (hereinafter “Magdong-gun”).

B. On the instant land, the registration of establishment of a collateral security (hereinafter “registration of the instant mortgage”) was completed, based on the maximum debt amount of KRW 200 million, the debtor, E, and the mortgagee F, as the grounds for registration, with No. 7420, Apr. 15, 2009, No. 7420, Apr. 14, 2009.

C. On April 14, 2009, Article 1 of the document establishing the right to collateral security, which is the mortgagee E, the debtor E, the creditor and the creditor-mortgage F, is stipulated as follows:

Article 1. The mortgagee of a right to collateral security, within the scope of the maximum debt amount, shall set up the right to collateral security (as a collateral) on the above real estate, by securing the debtor's debt, such as a loan certificate, letter, and payment certificate, signed and sealed by the debtor, within the limit of the previous maximum debt amount, or as a single or joint debt or guarantor to be borne in the future, and all the debt arising from the issue, endorsement, guarantee, and acceptance

The F died on December 31, 2009, and there was a defendant C, who is the spouse of the F, as the inheritor.

The inheritance shares of Defendant B are 3/5, and the inheritance shares of Defendant C are 2/5.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1-3, the purport of whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the registration of the instant right to collateral security should be cancelled by the registration of invalidity of the cause, since the obligation against which the registration of the instant right to collateral security was extinguished or nonexistent.

As to this, the defendants have borne F's obligations with respect to the fulfillment of the obligations against G's G F, which is its part, and thus, the above right to collateral security has been established.

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