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(영문) 인천지방법원 2018.07.10 2018나50546
근저당권말소
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Following the assessment of the instant land on October 10, 1917 and the assessment of the instant land on June 14, 1932, F, the non-permanent part of E, the registration of initial ownership and the registration of creation of neighboring mortgage on the instant land, died on or around October 14, 1932. As the G’s mother died on July 19, 1984, G’s children, including E, became co-inheritors; 2) as of July 15, 2013 between co-inheritors, including E, who owned the instant land as a sole owner of E, the registration of initial ownership on the instant land was completed on October 14, 2013.

3) As to the instant land, Defendant B Law Firm (hereinafter “Defendant B”)

(1) On November 4, 2013, Incheon District Court No. 99384, the registration of creation of a mortgage in the vicinity of the maximum debt amount of KRW 110 million (hereinafter “the first collateral mortgage”).

(2) As to the registration of creation of a mortgage of KRW 110 million on November 4, 2013 to Defendant C, one of whom he/she owns, Incheon District Court Decision 9387, the maximum debt amount of KRW 110 million (hereinafter “the second collateral mortgage of this case”).

(2) As to Defendant D’s establishment registration of a mortgage of KRW 23 million with the maximum debt amount (hereinafter “instant third party mortgage”), the establishment registration of a mortgage of KRW 23 million with the Incheon District Court received on October 29, 2014 (No. 9632, Oct. 29, 2014) is deemed as the “each of the instant third party collateral mortgages”

B) Each part of the Plaintiff’s land occupation was completed. Around 2002, the Plaintiff’s land occupation Plaintiff was adjacent to the land of this case, Seo-gu Incheon, Seo-gu (hereinafter “instant neighboring land”).

(2) After construction of the building without permission on the ground, the building was extended around 2006. As a result, the building was located on the ground of the instant land (hereinafter “instant building”).

(C) Around May 7, 2014, the Plaintiff occupied the entire land of this case, including the site part of the instant building. E’s lawsuit against the Plaintiff, etc. (1) E is the removal and removal of the instant building on the ground of the instant land against the Plaintiff.

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