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(영문) 창원지방법원거창지원 2016.08.09 2016가단351
근저당권말소
Text

1. The Defendants shall support the Plaintiff with the Changwon District Court with respect to the size of 349m2, each of 1/4 shares, each of which is 349m2 in Gyeongnam-gun, Chungcheongnam-gun.

Reasons

1. Facts of recognition;

A. On October 29, 1994, the Plaintiff completed on October 27, 1994, the establishment registration of a neighboring mortgage (hereinafter “mortgage”) consisting of the debtor, the plaintiff, and the deceased as the mortgagee of the right to collateral security (hereinafter “mortgage”) with respect to the F.349 square meters (hereinafter “the instant real estate”).

B. The Deceased died on March 3, 2014, and the Deceased’s inheritor is the Defendants, who are children.

[Grounds for Recognition] The recommendation of confession under Article 150 (3) of each Civil Procedure Act

2. According to the facts acknowledged prior to the judgment on the cause of the claim, the right to collateral security in this case was established by the Plaintiff on October 27, 1994 by borrowing money from the deceased, and barring any special circumstance, the right to collateral security in this case was completed and extinguished on December 31, 2005 after the lapse of ten years from the 1995 when the Plaintiff finally repaid his obligation. The right to collateral security in this case also became extinct due to its accessory nature. Thus, the Defendants, the deceased’s heir, are liable to implement the cancellation registration procedure on December 31, 2005 with respect to the registration of the establishment of collateral security in this case as to the right to collateral security in this case, which was completed on December 31, 2005 by 1/4 shares, to the Plaintiff.

3. In conclusion, each of the instant claims against the Defendants against the Plaintiff is justified, and it is so decided as per Disposition by the assent of all.

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