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(영문) 부산지방법원서부지원 2019.05.07 2018가단110804
근저당권말소
Text

1. As to the real estate stated in the attached list of the plaintiffs A, B, and C with respect to the defendant E, the Busan District Court shall assist the division.

Reasons

1. Facts of recognition;

A. F, on November 30, 2002, purchased real estate listed in the separate sheet (hereinafter “instant housing”) from E on November 30, 2002, agreed that KRW 135 million of the sales price, and KRW 14.5 million of the down payment, as at the time of the contract, the remainder KRW 13.5 million of the sales price shall be paid on the date of designation of occupancy.

(hereinafter “instant sales contract”). B.

F on December 30, 2002, the F completed the registration of ownership transfer under its own name with respect to the instant housing, and around that time, he occupied the instant housing after being transferred from E.

C. On December 27, 2002, F entered into a mortgage contract with E, a seller of the instant housing, with a maximum debt amount of KRW 40,30,000,000,000,000,000,000,000,0000,0000,000,0000,000,0000,0000,0000,0000,0000,0000,0000,00000,0000,0000,0000,000,000

On July 6, 2018, the Defendant Credit Guarantee Fund received a collection order for the seizure and collection of the instant mortgage-backed claims against E (hereinafter “instant claim seizure and collection order”) with respect to the instant mortgage-backed claims against Suwon District Court Branch Branch of 2018TTF as the Sung-nam Branch of 2018, and completed the supplementary registration on July 11, 2018.

E. Meanwhile, on April 21, 2005, Plaintiff D donated the instant house from F, and completed the registration of ownership transfer on its own name on April 29, 2005, and F died on April 18, 2012, and there is Plaintiff A, B, and C, who is its heir.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above findings of the determination, the extinctive prescription has expired since the ten-year period from the due date for payment of the sales price debt of the instant case, which is the secured debt of the instant collateral security right.

I would like to say.

Therefore, this case against plaintiffs A, B, and C, who are the successors of the network F, is the case.

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