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(영문) 인천지방법원 2019.08.30 2018가단14174
근저당권설정등기말소등기절차이행
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant C is the spouse of H, and Defendant D and E are children of H. 2) H died on May 20, 2004.

B. The Plaintiff’s statement of performance 1) In Michuhol-gu Incheon Metropolitan City I 631.4 square meters (hereinafter “land before division”).

58/274 of the 274 (hereinafter referred to as “Plaintiff’s equity”);

(B) the building listed in the separate sheet of real estate (hereinafter referred to as the "building of this case") is the building of this case

On March 12, 1982, the registration of ownership transfer was completed under the Plaintiff’s name. 2) On December 3, 1996, the Plaintiff prepared a performance memorandum (hereinafter “instant performance memorandum”) and delivered it to the network H, Defendant F, and G.

The contents are as follows:

(1) The land before subdivision (274 square meters) is co-owned by the plaintiff and four other persons.

In the partition of co-owned property in accordance with the Act on Special Cases Concerning the Partition of Co-Owned Land (hereinafter "Co-Owned Land Partition Act"), the plaintiff has 11 square meters higher than the co-owned share area, but it is not possible to liquidate due to the current financial situation, and therefore, the plaintiff promises to pay (settlement money) when selling "self-owned land".

(Special) (2) The Plaintiff completed the registration of the establishment of a neighboring mortgage with a maximum debt amount of 22 million won against a third party with respect to “land owned by the Plaintiff” (paragraph (1)). (3) When selling “land owned by the Plaintiff”, the Plaintiff shall pay to the mortgagee (third party) an amount equivalent to 70% of the amount at the time of sale as to “land owned by the Plaintiff.”

(4) Payment of the money under paragraph (2) is premised on cancelling the right to collateral security set up at this time.

(Paragraph 3). (c)

On December 6, 1996, with respect to the Plaintiff’s share in the land before the division of the mortgage creation registration in the name of the deceased H, Defendant F, and G 3, and the building in this case, the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) was completed with respect to the Plaintiff, the mortgagee, the Defendant F, G3, and the maximum debt amount of the instant building at KRW 22 million.

The Plaintiff’s ownership.

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