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(영문) 부산지방법원서부지원 2020.11.25 2020가단113479
근저당권말소
Text

The defendant shall attach attached Form C to Nonparty D, E, F, and G with respect to the share of 93/29029 out of the real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff filed an application with the Busan District Court for a payment order claiming the payment of the acquisition amount of KRW 4,649,927 as Busan District Court Decision 2012 tea 16129, and damages for delay thereof. The said payment order was finalized on October 3, 2012.

B. The Deceased died on August 10, 2014, and his heir C (the heir’s 3/11) who is his/her spouse, D, E, F, and G (each inheritance share 2/11).

C. On December 18, 2002, the Deceased acquired 331/2639 shares of the real estate indicated in the attached list (hereinafter “the instant real estate”), and completed the registration of the establishment of a collateral of KRW 9.9 million (hereinafter “the instant collateral security”) to the Defendant on December 18, 2002.

The Deceased was insolvent at the time of death.

Accordingly, on October 13, 2014, the heir of the deceased filed a report on the inheritance limited recognition with the Busan Family Court 2014Ra3508, and the above court accepted it on November 20, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including additional numbers), the result of this court's submission of taxation information to Busan Western Office's Busan Western Office's submission of taxation information, the fact inquiry results to Busan Western Office's Busan Western Office, the purport of the whole

2. According to the facts of the judgment on the cause of the claim, the claim secured by the right to collateral of this case was extinguished by prescription because the defendant did not exercise his right for ten years, which was the date of establishment of the right to collateral of this case, from December 18, 2002 to the expiration of the extinctive prescription period. Thus, the right to collateral of this case should be cancelled. The plaintiff as the creditor of the deceased, who succeeded to the shares of 93/29029 of the real estate of this case from C and D, E, F, and G inherited inherited shares of 92/29 of the real estate of this case from the deceased, can seek implementation of the registration procedure for cancellation of the right to collateral of this case against the above inheritor on behalf of the deceased.

3. As to the Defendant’s assertion, the Defendant’s right to collateral security from the Deceased.

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