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(영문) 서울중앙지방법원 2016.06.23 2015가단5370877
근저당권말소
Text

1. The defendant on May 25, 1985 to the plaintiffs as to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet owned by G, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage of each of the instant cases”) was completed on the grounds of a contract concluded on May 25, 1985 by the Jeonju District Court No. 16232, May 24, 1985, as to each of the real estates listed in the separate sheet owned by G, G G, the creditor, and the maximum debt amount of claims nine million won.

(Attached List 3, 5, 6, and collateral security holders of real estate F shall be in writing of E). (B)

G died on April 26, 2011, and Plaintiff A is his/her spouse, and Plaintiff B, C, and D are their children.

[Ground of recognition] Unsatisfy, each entry of Gap 1-3 evidence (including a provisional number), and the purport of the whole pleadings

2. The judgment of the defendant as to the cause of the claim is the person who established the establishment of the establishment of the establishment of each of the instant neighboring areas at the request of G despite the absence of a claim against G. Therefore, since the establishment of the establishment of each of the instant neighboring areas was established without the secured obligation, the establishment of the establishment of the mortgage of this case

Therefore, the defendant is obligated to implement the registration procedure for cancellation of the registration of the establishment of each of the instant mortgages to the plaintiffs, who are the successors of net G.

3. The defendant's argument as to the defendant's assertion is that each real estate listed in the separate sheet is owned by door or by network G illegally, and thus, the plaintiffs' assertion is groundless. However, there is no evidence to deem that the registration of ownership transfer in the name of net G is invalid. Therefore, the defendant's assertion is without merit

4. The plaintiffs' claims are accepted as reasonable.

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