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(영문) 대전지방법원 2015.11.24 2014가단41817
근저당권설정등기말소
Text

1. As to C’s share 19/168 of each real estate listed in the separate sheet to the Plaintiff:

A. The Defendants are the defendants.

Reasons

1. Basic facts

A. Hyundai Card Co., Ltd and LG Card Co., Ltd. transferred each card price claim against C to LG Investment Securities Co., Ltd., and the Plaintiff acquired the above card price claim from LG Investment Securities Co., Ltd., and thereafter filed a lawsuit claiming transfer price against C with Daejeon District Court 2008Gada100399, and on August 21, 2008, “C shall pay to the Plaintiff 5,135,817 won per annum from October 25, 2003 to July 17, 2008, and 20% per annum from the next day to the day of full payment” was finalized at that time by a judgment in favor of the Plaintiff.

B. Meanwhile, F, the father of C, owned each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). Around September 1, 1987, the Daejeon District Court of Daejeon District, the Daejeon District Court of Law No. 34240, Sept. 1, 1987, followed the establishment registration of a mortgage of 300 million won, which was caused by the contract on August 28, 1987, to G, and the Defendant B, who was the father of C, completed the establishment registration of a mortgage of 56435, Oct. 13, 1989, the Daejeon District Court of Daejeon, the Daejeon District Court of Law No. 56435, Oct. 13, 1989, the establishment registration of a mortgage of 100 million won, which was caused by the contract on Oct.

(hereinafter referred to as "the first and second collateral security" in the order of each of the above collateral security.

As F died on August 25, 1994, the Defendants, as their children, and H, I, J, and K jointly inherited the property of the deceased, and the inheritance registration was completed on October 26, 2010 with respect to each of the instant real property, C’s share in inheritance is 19/168.

On June 7, 2002, G, the first collateral mortgagee, died on June 7, 2002, the Defendants jointly inherited the property of the deceased, each of which is one-fifths.

E. The Plaintiff’s obligor C is currently in excess of its obligation.

[Reasons for Recognition] Gap's evidence 1, 2, Gap's evidence 3-1 to 3, Gap's evidence 4-9, the purport of the whole pleadings

2. The Plaintiff’s claim against C regarding the defense prior to the merits.

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