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(영문) 춘천지방법원강릉지원 2015.08.11 2015가단2139
근저당권말소
Text

1. The Defendants shall receive, on August 22, 1995, the Samcheon District Court Samcheon District Office with respect to the land size of 4,442 square meters prior to D in Samcheon-si, the Plaintiff.

Reasons

1. Indication of claim;

A. The registration of the establishment of a neighboring mortgage as stated in the Disposition No. 1 was made by the Plaintiff’s mother E’s father F, who died on August 14, 1995, and the funeral expenses of KRW 10,000 as the F, which had already died in order to secure it from the Defendants.

B. After F’s death, the registration of the establishment of the foregoing establishment was null and void, as well as the statute of limitations expired after the lapse of the ten-year statute of limitations for the secured obligation of the establishment of the foregoing establishment registration.

C. The Plaintiff inherited the land indicated in paragraph (1) of the F-owned disposition, and acquired its ownership.

Therefore, the Defendants are obligated to implement the registration procedure for cancellation of the registration of the establishment of the above neighboring mortgage upon the Plaintiff’s claim for exclusion of interference based on ownership.

2. The Plaintiff and Defendant B of the applicable provisions of Acts: Article 208(3)3 of the Civil Procedure Act (decision by service by public notice) and Defendant C: Article 208(3)2 of the Civil Procedure Act (decision by deeming the applicant as the applicant to be a foreigner).

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