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(영문) 서울중앙지방법원 2020.03.05 2019가단5072676
근저당권말소
Text

1. On March 19, 2014, the Defendant: (a) on the real estate stated in the attached list to the Plaintiff, the Yongsan District Court of Seoul Western District Court.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) had 4 South Korea women, including the husband, F, B (Defendant), G, and H, between the husband and the deceased D.

B. The deceased owned the land listed in paragraph 1 of the attached Table before his birth, and the network D owned a building listed in paragraph 2 of the attached Table on both the land and the building in paragraph 2 of the attached Table on the above land.

C. On March 19, 2014, the Deceased completed the registration of creation of a mortgage (hereinafter “registration of this case”) against the Defendant on the ground of a maximum debt amount of KRW 200,000,000 on March 5, 2014, based on the receipt of the registration office of the Seoul Western District Court on March 19, 2014, as the receipt of the registration office of the Seoul Western District Court on the registration of the Seoul Western District Court on March 19, 2014, on the part of the land listed in paragraph (1) of the attached Table No. 1 and the building listed in paragraph (2) of the attached Table, which was owned by the deceased.

However, on April 20, 2015, the Deceased filed a lawsuit claiming the cancellation of the instant collateral security registration against the Defendant by Seoul Western District Court 2017Kadan12478, claiming the invalidity of the cause of the establishment registration of the instant collateral security and the absence of the secured obligation.

E. On November 30, 2015, the Deceased entered into a contract with E on the condition that he/she takes over the obligation to return KRW 124,500,000 of the lease deposit for the instant real estate with the Plaintiff’s husband, on the condition that he/she takes over the obligation to return KRW 124,50,000,00 as to the instant real estate, and completed the registration of ownership transfer to E on December 1, 2015 with the Seoul Western District Court’s receipt of registration No. 51010 on the instant real estate.

F. E participated in the lawsuit claiming cancellation of the instant collateral security registration by Seoul Western District Court Decision 2017Kadan12478, which was the succeeding intervenor of the deceased, but was sentenced to a judgment dismissing the claims of the deceased and the succeeding intervenor on June 10, 2016.

G. The Deceased died on January 18, 2017 and his/her children jointly own property.

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