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(영문) 서울중앙지방법원 2020.05.21 2018가단5064456
근저당권말소
Text

1. Defendant A, E, F, G, H, I, and J are with respect to each one-seven portion of the real estate listed in the separate sheet to J.

Reasons

[Claims against Defendant A, E, F, G, H, I, and J]

1. Indication of claim;

A. The Plaintiff has a tax claim of KRW 1,052,674,550 against J, and the J currently has the status of insolvency exceeding the positive property.

B. The J set up each of the instant collateral security rights listed in the separate list owned by it (hereinafter “each of the instant collateral security rights”). However, even if each of the instant collateral security rights did not exist from the beginning, it created a false collateral security right. In other words, even if each of the instant collateral security rights had initial existence, the extinctive prescription period was expired.

C. The network L, Defendant E, F, G, H, I, and J jointly inherited the network K’s property as one-seven shares of each of the children of the network K, and the Defendant A, a child of the network L, filed a qualified acceptance report with the Suwon Family Court 2019-Ma50795.

(The other children of the deceased L have renounced their inheritance).

Accordingly, the Plaintiff seeks to implement the procedure for cancellation registration of each of the instant collateral mortgages against Defendant A, E, F, G, H, I, and J, who is the deceased K’s co-inheritors on behalf of J, and Defendant A, E, F, G, H, I, and J, who is the co-inheritors of the network K, are obligated to implement the procedure for cancellation registration of each of the instant collateral mortgages registration.

2. Grounds for recognition;

(a) Defendant A, E, G, H, and I: Each judgment made by each confession (Article 208(3)2, and Article 150(3) of the Civil Procedure Act);

B. Defendant F and J: The judgment by each service by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act) (Article 208(3) of the Plaintiff is seeking the cancellation registration procedure against Defendant B, C, and D, who is the deceased K’s children, for the registration procedure of cancellation of each of the instant mortgage establishment. However, according to the records of the instant case, Defendant B, C, and D, who is the deceased L’s children, are the Suwon Family Court.

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