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(영문) 서울중앙지방법원 2017.06.14 2016가단5167870
근저당권말소
Text

1. The Plaintiff, among the real estate listed in the attached list, Defendant B and C, each of 1/3 shares, Defendant D’s 1/7 shares, and Defendant E and F, respectively.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer in the name of G (Death August 30, 1997) was completed on November 16, 1981 with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”). On March 27, 2000, the registration of ownership transfer in the Plaintiff’s name was completed on the ground of “the inheritance by consultation and division on August 30, 1997.”

B. On the other hand, with respect to the instant real estate, the Seoul Central District Court’s registration of establishing a contract on February 5, 1979, No. 4667, Jan. 26, 1979; the maximum debt amount of 9.5 million won; the mortgagee H’s right to collateral security (hereinafter “instant right”); the Seoul Central District Court’s registration date No. 4668; the Seoul Central District Court’s registration date; the term of 468; the term of 15 years from January 26, 1979; and the superficies (hereinafter “the superficies”).

The registration of creation was completed. C. 1) H died on December 29, 1983, and there was a wife I, Defendant B, J, and K. However, I died on August 190, 201, J on January 27, 201, and K on June 27, 1993.

2) The heir of J was L and Defendant C, who is his child, but L, filed a declaration of renunciation of inheritance with the Seoul Family Court 2010 Madan1697, and L received a declaration of renunciation of inheritance from the above court on March 30, 2010, and Defendant C received a declaration of renunciation of inheritance from the above court on March 11, 2010, upon filing a declaration of the inheritance limited acceptance with the same court 2010 Madan1696, and received a judgment from the above court on March 11, 2010, which received a declaration of qualified acceptance from the above court. 3) Defendant E and F, who is the wife and children, were the wife, but the above Defendants received the declaration of qualified acceptance from the above court on March 8, 2004.

4) Ultimately, the Defendants’ final inheritance shares due to H’s death are Defendant B, C’s 1/3 shares, Defendant D 1/7 shares, Defendant E, and Defendant E and F 2/21 shares. [Grounds for recognition] The Defendants’ final inheritance shares are: (a) the absence of any dispute; (b) the entries in the evidence Nos. 1 through 7; and (c) Nos. 1 through 3 (including numbers if any); and (c) the purport of the entire pleadings.

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