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(영문) 청주지방법원 2017.01.19 2015가합22110
근저당권말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendants are descendants of the non-party deceased E (Death of December 13, 1997) and the current status of the descendants of the deceased Eul as one household are as shown in attached Form 2 household drawings.

B. On February 24, 1993, the Plaintiff completed the registration of transfer of ownership in the Plaintiff’s name on the ground of the Fdong-gu’s change to “Cheongju-si Civil Petitions” due to the change of the name of the administrative district on July 1, 2014 (hereinafter referred to as “Fdong-gu”) G (hereinafter referred to as “Fdong-gu”) G 767 square meters and H 2,043 square meters due to the donation from February 23, 1993.

C. On September 22, 1995, the Plaintiff drafted a notarial deed under the contract on the right to share in real estate No. 10298 of the I Law Office No. 1995 (hereinafter “notarial deed of this case”) with a notary public, who transfers 100 of the above G and H land to Defendant B and completes the registration of ownership transfer in the case where it is possible to register the ownership transfer with the above 100 square meters.

On the other hand, on April 1, 2005, Defendant B completed the registration of the establishment of a neighboring maximum debt amount of KRW 300,000,000 on the ground of the contract to establish a collateral security on March 31, 2005 with respect to G 459 square meters, H 717 square meters, J 69 square meters, J 69 square meters, and K 632 square meters.

(hereinafter referred to as the above right to collateral security "," the right to collateral security of this case, and the registration of the establishment of the above right to collateral security "," is registered as the establishment of the mortgage of this case.

On July 1, 2015, Defendant C and Defendant D provisionally seized the claims secured by the right to collateral security upon the establishment registration of the neighboring land of this case, which was completed on each land listed in [Attachment 1] Nos. 1 and 2 of [Attachment 1].

F. The process of dividing, merging, and expropriation of G land and H land is as shown in attached Form 3; hereinafter referred to as “each land of this case” in total, unless there are special circumstances, shall be “each land of this case,” in which the aforementioned division, merger, and expropriation are recognized as identical before

[Grounds for Recognition] A. Each entry (including branch numbers, if any; hereinafter the same shall apply) in Gap evidence 1 through 4, and oral arguments.

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