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(영문) 서울남부지방법원 2019.07.02 2018가단250265
근저당권말소
Text

1. On July 1, 2008, the defendant registered the Seoul Southern District Court with respect to the real estate stated in the attached list to the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the instant real estate that completed the registration of ownership transfer with respect to one half shares among the real estate listed in the separate sheet on March 28, 2007 (hereinafter “instant real estate”).

B. The network D (hereinafter “the deceased”) completed the registration of the creation of the instant real estate as the Seoul Southern District Court No. 37480, Jul. 1, 2008, based on the contract to establish the instant real estate on June 30, 2008, and the Plaintiff A, the debtor, the collateral security (hereinafter “instant collateral security”).

C. On February 11, 2009, the deceased died, and his inheritance took place, and there were husband E and his children, F, G, and H. The remaining inheritors and their lineal descendants other than the Defendant were accepted by the Seoul Family Court under the Seoul Family Court Decision 2009Ra1721, which renounced the deceased’s inheritance, and the Defendant was accepted by the Seoul Family Court Decision 2009Hu3259, which accepted a qualified acceptance of the deceased’s report on the deceased’s inheritance.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. The registration of the establishment of a mortgage of the instant case as to the purport of the Plaintiff’s assertion was completed after the lapse of ten years from the date of the establishment of a mortgage of this case.

B. The evidence presented by the Plaintiff alone is insufficient to recognize the fact that the mortgage contract of this case constitutes a false declaration of conspiracy, and there is no other evidence to acknowledge it.

However, the secured claim of the instant right to collateral security was extinguished on June 30, 2018, which was the date of the presumed establishment date, ten years from June 30, 2008, which was the date of the contract for establishing the right to collateral security, and was extinguished on June 30, 2018. Therefore, the Defendant, the deceased’s heir, is liable to implement the registration procedure for cancellation

3. The plaintiffs' claim is justified.

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