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(영문) 전주지방법원 2015.02.12 2014나1662
근저당권말소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs are the parents of the Plaintiffs, who are a simplified penalty, D, and E.

(hereinafter referred to as the "Plaintiff's side") when referring both the plaintiffs, D and E.

At the time of December 24, 2001, the Plaintiffs shared 1/3 shares of each of the real estate listed in [Attachment List No. 1], the real estate listed in [Attachment List No. 2] was owned by E, and the real estate listed in [Attachment No. 3 and 4] was owned by D.

C. On December 24, 2001, the Defendant entered into a mortgage agreement with the Plaintiff as to each real estate listed in the separate sheet and the total sum of 304 square meters in North Korea, which is KRW 100,00,000,00 of the maximum debt amount, obligor D, and obligee, as the Defendant (hereinafter “mortgage agreement”). The obligation secured by the collateral security agreement was determined as the obligation owed by D against the Defendant at present and in the future, as the obligation owed by D against the Defendant: (a) bill loan, deed loan, household loan, bank loan, bank loan, discount, bill discount, payment guarantee (including bond guarantee), sales bond transaction, mutual installment transaction, bond acceptance, securities lending, and other credit transactions; (b) the obligation arising from credit card transaction with the creditor and third party; and (3) the obligation guaranteed against the transaction under the above paragraph (1).

In addition, the settlement term of the right to collateral security is set by the so-called future designation type, and three years after the date of the contract can be designated by written notice, but the settlement term was agreed to be 14 days after the date of arrival of the above notice.

In accordance with the instant mortgage contract, the Plaintiffs completed the registration of establishment of a collateral on the real estate in the attached list No. 17482, which was completed on December 24, 2001 by the Jeonju District Court Branch of the Eup branch of the Jeonju District Court on the real estate in the attached list No. 17482, and D and E receive on December 24, 2001 the registration of establishment of a collateral on the real estate in the attached list No. 2 and the 304m2, which was completed on December 24, 2001, and the above court on December 24, 2001.

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