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(영문) 청주지방법원영동지원 2020.01.31 2018가단885
근저당권말소
Text

1. The Defendants shall each E with respect to each real estate listed in the separate sheet, such as Youngju District Court Young-dong Branch, etc.

Reasons

1. Basic facts

A. F shall complete the registration of ownership transfer with No. 624 on February 5, 1974, such as Youngju District Court Young-dong Branch, etc., for real estate listed in paragraph 1 of the attached list, and completed the registration of ownership transfer with No. 8761 on October 10, 190, such as the same support with respect to real estate listed in paragraph 2 of the attached list.

B. F, with respect to each real estate listed in the separate sheet (hereinafter “the instant real estate”), the F completed the registration of joint creation of mortgage between the debtor F and the mortgagee G, with the maximum debt amount of KRW 150 million on the ground of the contract on April 6, 1992, No. 3091, which was received on April 6, 1992, as well as the same support, etc.

(hereinafter referred to as the "mortgage of this case") Da. (hereinafter referred to as the "mortgage of this case") on the joint collateral security following the establishment of joint collateral security.

The F died on November 9, 2009. At that time, F was the spouse of F on the F’s family relations register, E, I, and J. D.

The Suwon District Court rendered a judgment on November 25, 2010 in Suwon District Court Decision 2010Da39241, that “E shall pay to the Plaintiff the amount of KRW 13,864,821 as well as the amount calculated at the rate of 17% per annum from October 25, 2003 to November 10, 2010, and 20% per annum from the following day to the date of full payment.” The above judgment was finalized on December 17, 2010.

E. On December 16, 2016, G died on December 16, 2016, and Defendant B, Defendant C, and D, the spouse of G, jointly inherited the instant collateral security.

[Grounds for Recognition] Unsatisfy, each entry of Gap evidence 1 to 4 (including each number), and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The Defendants’ assertion is the case where the Plaintiff claims the cancellation of the registration of the establishment registration of the mortgage of this case against the Defendants, who are quasi-co-owners of the instant mortgage in subrogation of E in order to preserve their claims against E, the co-owners of the instant real estate, as seen in Section 3(a) below.

The defendants cannot be said to be insolvent.

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