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(영문) 인천지방법원 2020.10.16 2019가합61778
근저당권말소
Text

1. As to the Plaintiff, with respect to 2,442 square meters in Nam-gu Incheon Metropolitan City I Miscellaneous land:

A. Defendant B received on March 21, 1995 from the Incheon District Court.

Reasons

1. Basic facts

A. Of part of the land of this case, J, as the owner of ownership, part of the share of which is KRW 2,442 square meters in Nam-gu Incheon Metropolitan City I Miscellaneous District Court (hereinafter “instant land”), completed the registration of creation of a mortgage over KRW 22,00,000 (hereinafter “the first collateral mortgage”) with respect to the share of the Defendant B, K, and L as the debtor for M on March 21, 1995, the amount of the maximum debt amount of KRW 22,00,000,000,000 to J and L as the debtor for M on March 24, 1995 (hereinafter “the second collateral mortgage”), and completed the registration of creation of a mortgage over the maximum debt amount of KRW 10,000,000 to the Defendant C and N as the debtor for J and M on March 24, 1995 (hereinafter “the second collateral mortgage”).

B. N was killed on May 7, 199 and N’s inheritance shares among N’s successors are 3/11, Defendant E, F, G, and H’s inheritance shares are 2/11, respectively.

C. On July 22, 2016, the Plaintiff inherited 125,081.92 shares in the instant land from J, and completed inheritance registration on April 3, 2018.

[Based on the recognition] Defendant B, D, F, and H: (i) Defendant C, E, and G: the absence of dispute under Article 150(3) and (1) of the Civil Procedure Act; (ii) the purport of the entire pleadings and arguments

2. The Plaintiff’s assertion that each of the secured claims in the instant case has expired by prescription, and the Plaintiff, as co-owners of the instant land, sought the cancellation of each of the above secured claims, as a preservation act for the jointly owned property.

3. Defendant B, D, F, and H’s determination on Defendant B, F, and H are deemed to have led to the confession of the Plaintiff’s assertion in accordance with Article 150(3) and (1) of the Civil Procedure Act. Thus, Defendant B, as the Plaintiff, Defendant D, and FH are obligated to implement each procedure for registration of cancellation of the registration of the establishment of the establishment of the first neighboring mortgage, Defendant D, and the second neighboring mortgage registration.

4. Determination as to Defendant C, E, and G

A. The extinctive prescription of the claim is completed unless it is exercised for ten years (Article 162(1) of the Civil Act), and the facts of the above recognition are examined.

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