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(영문) 춘천지방법원강릉지원 2019.04.02 2018가합94
근저당권말소
Text

1. On March 1, 1996, with respect to the Plaintiff, with respect to the 22.2/815 shares out of the 2,063m2 of the 2,063m2 in Gangseo-si L, Chuncheon District Court’s registration and the registration

Reasons

1. Basic facts

A. On March 13, 1996, the Plaintiff acquired the Plaintiff’s land ownership of 87.71/815 shares among the 2,063m2 (hereinafter “instant land”).

B. On March 13, 1996, the Plaintiff completed the registration of creation of a mortgage over the maximum debt amount of KRW 2225 million on the ground of the additional contract concluded as of March 11, 1996 with respect to all shares owned by the Plaintiff out of the land of this case. 2) On March 20, 1996, on March 20, 1996, the purpose of the registration of the establishment of a mortgage over the instant land was corrected to 22.2/815 shares out of the shares owned by the Plaintiff on the ground that the purpose of the registration of the establishment of a mortgage over the instant land was erroneous discovery.

(C) On August 20, 1996, the Plaintiff: (a) died on June 10, 1996; and (b) succeeded to the property of M in proportion to the shares of Defendant F, G, H, I, J, and K, each of which was the wife of M; and (c) on August 20, 1996, the Plaintiff completed the registration of creation of a mortgage in proportion to the shares of 14.4/815 out of the shares owned by the Plaintiff in the land of this case, with the maximum claim amount of KRW 5,50,00,00,000,000,000,000,000,000 won.

(2) On September 1, 2008, Defendant C completed the registration of collateral security transfer on September 1, 2008 with respect to the entire shares of the O out of the instant collateral security on September 24, 2008. 3) Defendant D completed the registration of collateral security transfer on November 11, 2008 with respect to the entire shares of N out of the instant collateral security on April 17, 2007, on the ground of inheritance by agreement division as of April 17, 2007.

【Defendant B, C, D, and H: In the absence of dispute, each entry in Gap evidence Nos. 1 and 2, the purport of the whole pleadings, Defendant E, I, and J: Decision by service by publication (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)3 of the Civil Procedure Act), Defendant F, G, and K: Confession (the main text of Article 150(3) and (1) of the Civil Procedure Act)

2. As to the claim to cancel the registration of the establishment of the first place of the instant case.

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