logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원제천지원 2017.11.01 2017가단113
근저당권말소
Text

1. The Defendants received on January 8, 1990 from the Plaintiff each land indicated in the separate sheet from the Cheongju District Court.

Reasons

1. Indication of claim;

A. The Plaintiff is the owner of each land indicated in the separate sheet (hereinafter “instant land”).

The land of this case is actually a clan land.

B. N andO completed the registration of the establishment of a neighboring mortgage on the land of this case as the Cheongju District Court No. 229 on January 8, 1990 (the conversion price of KRW 4,675,00) with the maximum claim amount of KRW 55 Ghana (the conversion price of KRW 4,675,00).

(hereinafter “instant collateral security”). C.

The land of this case is actually owned by P clans.

It is impossible to register ownership in the name of a clan, and Q was registered in Q name.

As a clan, Q alone made the instant right to collateral security at a preserved level.

A clan or Q has not borrowed money from N orO or received money from N or Q.

Q died on January 15, 2015, and the Plaintiff completed the inheritance registration of the instant land by agreement division.

The O died on November 29, 1993, and there are R, Defendants B, C, and D as bereaved family members at the time.

R died on December 30, 1994, and at the time there are Defendant I, J, K, L, and M as bereaved family members.

E. N was killed on November 5, 2006, and at the time there was Defendant E, F, G, and H as bereaved family members.

F. The Plaintiff intended to terminate the contract to establish a right to collateral security and cancel the registration of establishment of the right to collateral security through consultation with the members of the clan in order to preserve the clan property and adjust the property, but some of the Defendants refused

G. Therefore, the Defendants are obligated to implement the registration procedure for cancellation of the registration of the establishment of the instant neighboring mortgage to the Plaintiff.

2. Applicable provisions;

A. Article 208(3)2 and Article 150(3) of the Civil Procedure Act with respect to Defendant B, D, E, F, G, H, I, J,K, L, and M (self-conception judgment)

B. Article 208(3)3 of the Civil Procedure Act (amended by public notice) against Defendant C

arrow