(영문) 전주지방법원 2016.04.29 2015가합3487

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(영문) 전주지방법원 2016.04.29 2015가합3487

근저당권말소회복등기 청구의 소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

(a) The relationship between the parties, etc. 1) the Defendant, C, and D are deceased E (Death on December 7, 2008, hereinafter referred to as the “Death”).

(2) The plaintiff is the mother of D. 2) The plaintiff is the deceased's children. ① With respect to each real estate listed in the separate list Nos. 1 through 6 in the name of the deceased, the defendant, C, and D (2/9 shares) in Suwon District Court's office of registration of ownership transfer for inheritance on December 7, 2008 as the receipt of No. 691 on January 12, 2009. ② The registration of ownership transfer for one third of the deceased's names among the real estate listed in the separate list Nos. 7 and 8 was made by the defendant, C, and D (8/108 each), the Suwon District Court's office of registration of ownership transfer for the inheritance on January 12, 2009 as the receipt of the ownership transfer for one third of the real estate under the name of the deceased (12/108), and the registration of ownership transfer for the inheritance on January 29, 2009.

3) As to the Plaintiff’s share of 2/9 of the real estate listed in the separate sheet No. 9 on January 20, 2009; as to the share of 2/9 of the real estate listed in the separate sheet No. 1 through No. 6 on January 23, 2009; as to the share of 8/10 of the real estate listed in the separate sheet No. 7 and No. 8 on January 23, 2009, the joint collateral security (hereinafter “instant collateral security”) with a maximum debt amount of 60 million won as to the share of the real estate

(4) After the completion of the registration of creation, F made the report of renunciation of inheritance, and F made the registration of inheritance as above: ① With respect to the real estate listed in the separate sheet Nos. 1 through 6, the Suwon District Court shall receive from 8231 on Mar. 25, 2009 to 8231 on Mar. 24, 2009 to 1/3 of the shares of the Plaintiff, C, and D on the ground of renunciation of inheritance; ② with respect to each real estate listed in the separate sheet No. 7 and paragraph 8 on Mar. 25, 2009 to 8231 on Mar. 24, 2009.

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