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(영문) 의정부지방법원 2018.01.10 2017가단12219
근저당권설정등기 말소
Text

1. The defendant shall pay 2/17 of the total amount of 6,701 square meters to the plaintiff (appointed party) and the appointed party.

Reasons

1. The registration of ownership transfer has been completed on February 3, 1994 with respect to the land of this case before C prior to the display of the claim (hereinafter “instant land”). On May 20, 1997, the maximum debt amount is KRW 20,000,000 as the receipt on May 20, 1997 by the Seocheon District Court, Seocheon District Court No. 15964 on May 20, 1997, and the debtor completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring land of this case”).

D The deceased on April 27, 2017, and the plaintiff (Appointed Party), who is the designated party F, D's spouse, and the plaintiff (Appointed Party), A, G, H, I, and J succeeded to the deceased.

On October 2, 2001, E, the mortgagee of the establishment registration of the neighboring mortgage of the instant case, died, and the Defendant inherited 2/17 shares out of the network E’s above-mortgage.

Since the secured claim of the instant right to collateral security has expired due to repayment and the expiration of the ten-year extinctive prescription, the Defendant is obligated to perform the registration procedure for cancellation of the registration of establishment of the instant right to the Plaintiff (Appointed Party) and the designated parties, each of the right holders of the instant

2. Applicable legal provisions of Article 208(3)2 and Article 150(3) of the Civil Procedure Act.

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