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(영문) 의정부지방법원고양지원 2017.06.16 2016가합73958
소유권말소등기
Text

1. For the plaintiffs:

A. Defendant G: (a) KRW 14,949,433, respectively, and 5% per annum from April 14, 2017 to June 16, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiffs are children of L, who died on May 23, 2016, co-inheritors, and there is no other co-inheritors except the Plaintiffs.

(The plaintiff's share in inheritance is one-fifth, respectively). The defendant K and J are L's siblings, the defendant G is the defendant J's wife, and the defendant H and I are the children of the defendant K.

B. L obtained a loan of KRW 300,000,000 from the Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) on December 13, 201 (hereinafter “Korea Life Insurance”), which was its birth, from the Korea Life Insurance Co., Ltd., and completed the registration of the establishment of a neighboring building with a maximum claim amount of KRW 390,000,000 on the land and its ground buildings (hereinafter “the instant M real property”).

L used 130,000,000 of the above loans to pay its existing debts.

On the other hand, L borrowed KRW 600,000,000 from one bank on November 2, 2012, with respect to the real estate in this case, L made a registration of creation of a collateral with the maximum debt amount of KRW 1,60,000,000 to one bank, and ② the registration of creation of a collateral with the maximum debt amount of KRW 390,000 to one bank.

Of the above loans, 300,000,000 won was used to repay the loan to the above life insurance, and on November 2, 2012, the registration of establishment of a neighboring mortgage in the name of Korea Life Insurance was cancelled.

C. L borrowed KRW 300,000,000 from one bank (hereinafter “one bank”) on January 4, 2012, L made a loan to one bank with respect to each real estate listed in the separate sheet Nos. 1, 2, and 3 (hereinafter “N of this case”) owned by one bank, the establishment registration of a neighboring real estate amounting to KRW 360,000,000 with respect to each real estate indicated in the separate sheet Nos. 1, 2, and 3.

In addition, L borrowed 400,000,000 won from one bank on March 27, 2012, L made a loan to one bank for the establishment of a mortgage on the instant NN, which is owned by it, with the maximum debt amount of 520,000,000 won.

However, with respect to the N in this case registered as L, the ownership of the N in this case.

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