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(영문) 대구지방법원김천지원 2020.02.06 2019가단1639
근저당권말소등기
Text

1. G:

A. As to the share of 3/11 of the real estate listed in the separate sheet by Defendant B:

B. Defendant C, D, E, and F are as shown in attached Form 3.

Reasons

1. Basic facts

A. On September 12, 2018, the Plaintiff filed a claim for reimbursement against G, the heir of H, Daegu District Court (Seoul District Court Decision 2018Da380). On September 12, 2018, the said court rendered a judgment that “G would pay to the Plaintiff 170,957,697 won and the amount of KRW 48,210,214 calculated at the rate of 15% per annum from June 23, 2018 to the date of full payment,” and the said judgment became final and conclusive on September 28, 2018.

B. As to the real estate indicated in the separate sheet (hereinafter “instant real estate”), the registration of the establishment of a neighboring mortgage (hereinafter “the instant collateral security”) was completed on November 10, 200 by the Daegu District Court No. 14319, which was received on November 10, 200, the maximum debt amount of KRW 9,500,000, the debtor H, and the mortgagee I, and the registration of the establishment of a neighboring mortgage (hereinafter “the instant collateral security”) was completed on February 7, 2019.

C. I died on August 12, 2013.

Defendant B is the spouse of Defendant I, and Defendant C, D, E, and F are the children of Defendant I.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

2. The judgment on the cause of a claim is a mortgage established by setting only the maximum amount of the debt to be secured, and reserving the determination of an obligation in the future. Since multiple unspecified claims arising from a continuous transaction are established for securing a certain limit in a settlement term in the future, separate from the act of establishing a mortgage, a legal act must establish a secured claim of a mortgage. The burden of proving whether there was a legal act establishing a secured claim of a mortgage at the time of establishment of a mortgage is on the part of claiming its existence.

(see Supreme Court Decision 2010Da107408, Apr. 28, 2011). According to the foregoing legal doctrine, the claim secured by the right to collateral security in this case is established solely on the statement of health class No. 1 and No. 1.

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