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(영문) 수원지방법원 2017.06.21 2016가단48880
근저당권말소등
Text

1. The defendant (1) on January 28, 1999, the Suwon District Court's Registration Office for the real estate stated in the attached Table 1 to the plaintiff A.

Reasons

1. Indication of claim;

A. D shared the share of 2445.01/26557 shares among the land size of 9713 square meters in the wife population E of forest land in Young-si.

B. On January 23, 1999, the Defendant completed the registration of establishment of a collateral in the name of the Defendant, under the title of the Suwon District Court, the Suwon District Court, the receipt of January 28, 1999, No. 8039, on the ground of the contract to establish a collateral security with the obligor D, the obligor D, and the mortgagee as the Defendant.

C. On October 5, 2000, the above real estate was divided into 19 parcels from F to G from the wife population in Chungcheongnam-si on October 5, 200.

H acquired the ownership of the real estate listed in attached Table 1 (hereinafter “instant real estate”) as co-owned property partition on December 6, 200, and the Plaintiff acquired the ownership on December 21, 2002 on the ground of donation on December 17, 2002.

Plaintiff

On December 6, 200, A and the Defendant acquired the ownership of 1/2 shares among the real estate listed in attached Table 2 (hereinafter “instant two real estate”) as co-owned property partition, and Plaintiff B acquired the Defendant’s shares by compulsory auction on July 5, 201.

D’s secured debt against the Defendant was nonexistent from the beginning, and thus the said secured debt becomes null and void or extinguished on January 23, 2009, and even if not, the Defendant’s secured debt against D was extinguished upon the expiration of extinctive prescription on January 28, 2009.

2. Judgment made in the constructive confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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