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(영문) 수원지방법원 2015.04.23 2015가합1485
근저당권말소
Text

1. The defendant is about the share of 1680/3969 square meters of C forest land 39,669 square meters to the plaintiff (appointed party) and the Appointed.

Reasons

On April 29, 2005, the network D formed a mortgage-mortgage agreement with the Defendant on April 29, 2005 with regard to the portion of 1680/3969 square meters of C forest land, which was formally created in the name of the Defendant, to cancel the mortgage-mortgage after having established the mortgage-mortgage, and on May 2, 2005, concluded a mortgage-mortgage agreement with the Defendant on May 2, 2005 with regard to the Defendant’s share of 1680/3969 square meters of the above real estate as KRW 400 million with the debtor’s net D and the maximum debt amount, which was KRW 56515, May 2, 2005.

The network D died on October 13, 2005, and the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) inherited the network D.

Therefore, according to the above mortgage contract, the defendant is obligated to execute the registration procedure for cancellation of the above mortgage establishment registration to the plaintiffs who inherited the deceased.

[The defendant did not submit a written answer within 30 days from the date on which he received a written complaint, and thus, the facts constituting the cause of the claim pursuant to the main sentence of Article 257(1) of the Civil Procedure Act shall be deemed to have been led to the confession, and the judgment shall be rendered without holding any pleadings, and only matters necessary to specify the claim pursuant to Article 208(3)

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