(영문) 서울중앙지방법원 2017.04.26 2016가합542572

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(영문) 서울중앙지방법원 2017.04.26 2016가합542572

근저당권말소

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a child of Nonparty D (hereinafter “the deceased”), and the Defendants are the births of the deceased.

B. On April 15, 1961, the deceased and the non-party deceased E, the father of the Defendants, left the F forest in terms of inherited property before the division. On October 26, 1970, the deceased, who was the head of South Korea, completed registration of preservation of ownership in the name of the deceased solely in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111, May 21, 1959; hereinafter “Special Measures Act”).

C. Since then, the above forest was divided into several land including the instant real estate.

The real estate of this case should have been jointly inherited to the deceased and the Defendants at the time of the death of the above E, but it was trusted in title with the registration of preservation of ownership in accordance with the Act on Special Measures for the Deceased, and the Deceased transferred the ownership of each quarter of the shares to the Defendants who were the birth.

(A) Before transferring the above share ownership to the Defendants, the Deceased set up a collateral with a maximum debt amount of KRW 1,500,000,000 for each of the instant real property, and upon the Defendants’ request for further creation of a collateral security, the Deceased shall comply with this request.

(Article 3. D.)

On April 15, 2010, the Deceased prepared a written agreement (No. 4-1, hereinafter “instant written agreement”) with the Defendants regarding the instant real estate as follows.

E. On June 25, 2010, the registration of the establishment of a neighboring mortgage in the name of Defendant B, which was received on June 25, 2010 by the Suwon District Court, with the joint collateral, KRW 1,500,000,000, the registration of the establishment of a neighboring mortgage in the name of Defendant B, which was received on June 14, 2010, was completed under the title of Defendant C, which was received on July 14, 2010 with the maximum debt amount of KRW 1,50,000,000, respectively.

(f) On April 22, 2014, the Deceased’s instant mortgage (hereinafter “instant mortgage”).

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