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(영문) 의정부지방법원 2015.12.01 2015가단107014
근저당권설정등기말소
Text

1. As to each real estate listed in the separate sheet to the plaintiffs

A. The Korean District Court, the Korean District Court, the Korean District Court, the Korean District Court, the Korean District Court, on 196

Reasons

1. Basic facts - The net G purchases each real estate listed in the separate sheet (hereinafter referred to as the “each of the instant real estate”) from H around January 6, 1998 at 550,000,000 won (hereinafter referred to as the “instant sales contract”), and the same month.

7. He completed the registration of ownership transfer under his name with respect to each of the instant real estates.

- As the Deceased died on September 21, 2007, the Plaintiffs, who were the wife of the Deceased, jointly inherited the deceased.

- On the other hand, H No. 1 of the Disposition No. 1 of which the debtor H makes the debtor H, with respect to each of the instant real properties on March 14, 1996, 140,000 won in the future of the J, and the maximum debt amount.

No. 2-B of the Disposition No. 60 million won with the maximum amount of the right to collateral security (hereinafter referred to as the “mortgage No. 1”) and the debtor as H.

(2) On December 4, 1996, the 140,000,000 won of the maximum debt amount and the debtor H are the 1-C of the order of 1-2,00,000 won.

(3) On February 4, 1997, J on February 4, 1997, the debtor H is the mortgagee of the right to collateral security (hereinafter referred to as the "third collateral security"), and No. 1-D.

The right to collateral security (hereinafter referred to as the "right to collateral security") was created.

The 1, 2, and 4 collateral mortgages were transferred to each defendant on January 20, 201, while the 3 collateral mortgages were transferred to each defendant on March 27, 2015.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. There is no dispute between the parties with respect to the termination of all secured claims of the first or fourth collateral in determining the cause of the claim.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the registration of the first to fourth collateral mortgage creation to the plaintiffs, who are co-owners of each real estate of this case.

B. (1) The summary of the Defendant’s assertion is that the seller G pays the remainder of KRW 230,000 to H by April 30, 1998, and the sales contract becomes null and void if the payment of the remainder is delayed.

However, G pays the balance to H by April 30, 1998.

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