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(영문) 서울중앙지방법원 2015.10.14 2015가단5151281
근저당권말소
Text

1. The defendant is the Chuncheon District Court with respect to shares of 187/285 among each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet, which was owned by the network B in the real estate register, the registration for ownership transfer was completed on July 29, 1975, on the 28th day of the same month, and on September 2, 1994, the registration for ownership transfer was completed on September 4, 199 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502 of Nov. 30, 1992, invalidation), and on February 27, 2013, the registration for ownership transfer was completed in the future of Defendant E, E, the maximum debt amount of KRW 120 million.

B. The deceased on July 10, 1975. The deceased on July 10, 1975. At the time, the deceased on July 1, 1975, the deceased on the deceased on the deceased on the deceased, on the deceased, on the deceased, on the deceased, on the deceased, on the deceased, on the deceased, and the deceased, on the deceased, on the deceased, on the network H, I, J, K,K, and L (other than K, within the same family register). The deceased on March 21, 1978, the deceased on the deceased on the deceased on the deceased on April 2, 1980. At that time, the deceased on the deceased on the deceased on the deceased on the part of the wife, M, M, P, P, and Q in the same family register, on the deceased on the part of M, M, and Q, and on the deceased on the deceased on the part of Australia.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 8 (including additional number), the purport of the whole pleadings

2. The registration of transfer of ownership filed in the name of the person liable for registration after the allegations and judgment of the former owner died, and the former owner has already existed the grounds for registration, but the latter is living in the case where inheritance has commenced with respect to the person liable for registration while the latter does not file an application for registration, the latter’s application for registration is filed by the heir, or the latter’s application for registration is filed by the registry official, except in special circumstances where the principal or his/her agent is dead

(see, e.g., Supreme Court Decision 2003Da3157, Sept. 3, 2004). In addition, one of co-owners of real estate is the pertinent real estate.

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