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(영문) 광주지방법원순천지원 2016.05.27 2015가단12721
근저당권설정등기말소등기
Text

1. The Defendants shall have the jurisdiction over the real estate stated in the attached list to the Plaintiff in the Gwangju District Court’s Circuit Branch Office.

Reasons

1. Facts of recognition;

A. Before April 14, 2005, F borrowed KRW 10,000,00 from G and completed the registration of creation of a mortgage with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) which was owned by G as collateral by G and the forest of 7,041 square meters in Jeonnam-gun, Jeonnam-gun, as the registration office for the establishment of a mortgage on April 15, 2005, with the maximum debt amount of KRW 13,000,000,000, the registration office for the establishment of a mortgage at KRW 13,000.

B. Since then, upon the application of H’s creditor J, the procedure for compulsory auction of the said I forest was initiated with respect to the said I forest by the Gwangju District Court at K for the pure support of the Gwangju District Court, and L was awarded a successful bid on September 15, 2006.

C. On February 5, 2008, G received total maximum debt amount of KRW 13,00,000 as a mortgagee on the date of distribution of the said procedure for compulsory auction by official auction. The registration of creation of a neighboring mortgage in the name of G related to the said I forest was cancelled on September 15, 2006 due to a compulsory auction by official auction.

Since then, G died on February 19, 2010, and the Defendants succeeded to G’s obligations. Meanwhile, the Plaintiff acquired ownership of the instant real estate on May 2, 2008.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the above facts of determination, G is also deemed to have extinguished the entire secured debt of the right to collateral security on the instant real estate which is the object of joint mortgages by receiving the total maximum debt amount in the procedure for compulsory auction of real estate conducted with respect to the said I forest and fields (no evidence exists to acknowledge that G has separate claims against F). Accordingly, the Defendants, the inheritors of G, are liable to implement the procedure for registration of cancellation of the registration of the establishment of the right to collateral security to the Plaintiff, the owner of the instant

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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