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(영문) 수원지방법원여주지원 2014.10.16 2013가단18129
근저당권말소 등
Text

1. The Defendants received on February 26, 1998 from G on real estate stated in the separate sheet from Suwon District Court.

Reasons

1. Basic facts

A. G completed the registration of ownership transfer on December 9, 1996 due to the gift on November 29, 1996.

B. H completed the registration of establishment of a right to lease on a deposit basis as of May 26, 1999 for the real property listed in the attached list No. 143 as of May 28, 1997 due to the contract to establish a contract on May 26, 1997 as to the real property listed in the attached list No. 14 million won, and the scope and the whole residential building and the duration of the right to lease on a deposit basis as of May 26, 1999.

(hereinafter referred to as “the instant chonsegwon”). C.

H On February 23, 1998, with respect to the real estate stated in the attached list, the Suwon District Court Yangyang District Court No. 3934, Feb. 26, 1998, received on February 26, 1998, completed the registration of establishment of a neighboring mortgage to G. The debtor completed the registration of establishment of a mortgage to G.

(hereinafter “instant collateral security”). D.

As H died on January 17, 2004, Defendant B, I, and Defendant C, the wife of H, jointly inherited the H’s property in proportion to their respective statutory inheritance shares, and following the I’s death, Defendant D, his children, and Defendant E and Defendant F jointly inherited the I’s property in proportion to their respective statutory inheritance shares.

E. Meanwhile, the Plaintiff filed a lawsuit against G et al. on October 11, 2013, the Seoul Central District Court rendered a judgment that included the following: “The Plaintiff shall pay to G et al. the amount of KRW 19% per annum for KRW 18,044,239 and KRW 4,761,30 from June 1, 2013 to the date of full payment; G et al. shall jointly and severally pay KRW 7,618,105 and KRW 2,00,000 per annum for KRW 19% per annum from June 1, 2013 to the date of full payment; and the above judgment became final and conclusive thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 through 5, evidence 2-1 through 5, and evidence 4-9, the purport of the whole pleadings

2. The assertion and judgment

가. 전세권설정등기 말소청구에 관한 판단 ⑴ 이 사건 전세권설정계약의 무효 주장에 관한 판단 ㈎ 원고의 주장 이...

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