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(영문) 인천지방법원 2014.09.16 2014가합778
근저당권설정등기말소
Text

1. The Defendant’s KRW 100,000,000 from the Plaintiff (Appointeds) and the Appointeds and against them, shall begin on November 25, 201.

Reasons

1. Basic facts

A. As to the real estate (hereinafter “the instant real estate”) indicated in the separate sheet owned by the Plaintiff (Appointed Party) and the designated parties (hereinafter collectively referred to as the “Plaintiffs”) as indicated in the C’s accompanying list (hereinafter “the instant real estate”), the establishment registration of the creation of a mortgage for the neighboring real estate (hereinafter “the creation of a mortgage”) of the Incheon District Court was based on the “contract for establishing a mortgage on July 11, 2007,” as the receipt of No. 60936 of July 11, 2007,” the maximum debt amount of KRW 390 million, the debtor C, and the mortgagee D.

(B) B.D died on February 10, 2009, and the registration of ownership transfer was completed on September 18, 2009 with respect to the registration of the establishment of the creation of the neighboring mortgage of this case. C. On August 26, 2009, the Defendant, the inheritor, the Incheon District Court, Seocheon-gu Office of Property, Incheon, the Office of Property, and the purport of the entire pleadings, the registration of ownership transfer was completed on March 3, 2010 by the Incheon District Court No. 11511 (C).

2. Determination on the cause of the claim

A. The gist of the Plaintiffs’ assertion asserted that the secured debt of the right to collateral security (hereinafter “instant right to collateral security”) represented by the establishment registration of the instant right to collateral security existed or extinguished from the beginning of the year, and sought cancellation of the establishment registration of the instant right to collateral security.

B. Therefore, the facts of recognition are as follows: (a) No. 1, B (the F's name, and the F's name is recognized by the witness F's testimony, and the authenticity of the entire document is presumed to be established in this part of the document; (b) No. 2, 3, 5, Eul's evidence No. 6-1 through 4, 7, and 8; and (c) the whole purport of the pleading as a whole; and (d) the witness F's testimony, taking into account the whole purport of the pleading, ① the Dong F of C shall be KRW 30 million interest rate of KRW 30 million on July 10, 207; and (c) in this case C shall be borrowed without the due date, and the real property of this case shall be offered as a water collateral.

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