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Reasons
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(영문) 서울고등법원 2016.05.18 2015나2072734
근저당권설정등기말소등기 청구의 소
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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is revoked.

Reasons

1. Basic facts

A. The Plaintiff is the wife of D, and E, F, and G are the children of D.

B. D owned each real estate listed in the separate sheet (hereinafter “instant real estate”) from July 7, 1998.

C. On April 25, 2012, the Seoul Northern District Court’s receipt of 13427, “The maximum bond amount of KRW 100,000,000, the debtor G and the first instance co-defendant B (hereinafter “B”) of the first instance court on the instant real estate: (a) on April 25, 201, the registration of the establishment of the nearest mortgage (i.e., item (B) (hereinafter “B”); (b) on May 11, 2012, the above registration office’s receipt of 15421, the Plaintiff completed the registration of the establishment of the mortgage (hereinafter “the instant establishment of the mortgage”) around 20,000,000 (hereinafter “the maximum bond amount of KRW 250,000,000,000, the debtor G, and the Defendant of the instant collective security (hereinafter “instant establishment of the mortgage”); and (c) on July 26, 2011, the Plaintiff completed the registration of establishment of the instant collective security agreement around 1, G 201, 2000.1.

F. The Plaintiff filed a claim against B for the cancellation registration of the registration of the establishment of a neighboring mortgage on April 25, 2012 from the first instance court of this case, and the first instance court sentenced B to the Plaintiff on November 5, 2015, “B shall implement the procedure for the cancellation registration of the establishment of a neighboring mortgage on April 25, 2012 with respect to each of the seven-nine shares of the instant real estate,” and this part of the judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Parties.

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