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(영문) 서울동부지방법원 2020.05.07 2019가단17950
근저당권설정등기말소
Text

1. The plaintiff shall receive on September 25, 1980 from the Seoul Eastern District Court registry office with respect to each real estate listed in the attached list.

Reasons

1. Indication of claim;

A. On September 11, 2009, the Plaintiff completed the registration of ownership transfer as to 6.185/300 shares among the real estate listed in paragraph (1) of the attached Table No. 1, and as to 1/2 shares among the real estate listed in paragraph (2) of the attached Table No. 2.

B. As to each real estate listed in the separate sheet, the registration of the establishment of a neighboring mortgage in the name of the debtor O and the maximum debt amount of five million won was completed on September 25, 1980 by the Seoul East Eastern District Court (hereinafter “registration of establishment of each neighboring mortgage in each of the instant case”).

C. Each of the instant mortgages was established to secure the obligation of commercial transactions between the Plaintiff and the network P. Since the Plaintiff and the network P’s commercial transactions were terminated on September 10, 1983, and the extinctive prescription period has expired, the secured obligation of each of the instant mortgages was extinguished.

On the other hand, P died on November 13, 2012, and his heir as the wife, there is Defendant D, E, net Q, Defendant K, network R, Defendant M, Defendant M, and Defendant N.

E. Q dies on October 7, 201, and as his heir died, there is Defendant F, Defendant G, H, I, and J, the wife’s children.

R R died on March 31, 1979, and the defendant L, a child, became the inheritor of crackdown.

F. The plaintiff is an act of preserving common property and filed a claim for the cancellation of the registration of creation of each of the instant adjacent facilities.

2. Defendants C, D, E, F, G, H, I, L, and N: Judgment to be rendered as a confession (Articles 208 (3) 2 and 150 of the Civil Procedure Act) by service by public notice (Article 208 (3) 3 of the Civil Procedure Act).

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