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(영문) 의정부지방법원 2019.07.16 2018가단19149
근저당권말소
Text

1. The Defendants are on the Plaintiff’s succeeding Intervenor’s land for H 285 square meters and 220 square meters of land for a factory in Yangju-si.

Reasons

1. Basic facts

A. As to the 5,205 square meters of J-gun-gun of Gyeonggi-gun, the Government Registry of the Do Government District Court (hereinafter “B-mortgage”) had completed the right to collateral security (hereinafter “the instant right to collateral security”) with the amount of KRW 150,000,000 for the mortgagee K, the debtor, the maximum debt amount, and KRW 32419, August 23, 1989.

B. On January 24, 1990, the said J land was divided into 543m2 in J-J-forest, M-forest, 3,252m2 in size, N-forest, 1,410m2 in size.

Among them, 3,252 square meters of the above M forest was subject to registration conversion into O.

C. After the said subdivision, J Forest land was divided into 543 square meters on January 16, 1998, P forest land of 323 square meters and J forest of 220 square meters.

The above P forest land is 323 square meters for H land for 285 square meters, and the above J forest land is 220 square meters for land for 120 square meters and is subject to registration conversion.

(hereinafter above H and I Each land of this case)

D. The instant mortgage was transferred to each of the above land, which was divided into 5,205 square meters of the said J-J forests and fields.

E. However, among each of the above lands divided into five thousand square meters of the above J Forest and 5,205 square meters, the instant mortgage right was cancelled on June 25, 1990, while the instant land, which was transferred to the above J Forest and 5,205 square meters, was divided into five hundred and forty-three square meters of forests and fields, and the instant land remains without cancellation of the instant mortgage right.

F. On April 28, 1997, Plaintiff A acquired the ownership of each of the instant land on October 1, 1997.

G. On November 7, 2018, when the lawsuit of this case was pending, the Plaintiff’s successor transferred ownership to each of the instant land from the Plaintiff A Co., Ltd., and succeeded to the Plaintiff’s status of the instant lawsuit.

H. K, the creditor of the instant right to collateral security, died on January 12, 2004, and the Defendants are the inheritors.

【Ground for Recognition: Each entry (including branch numbers) in Gap evidence 1 through 9, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, each of the land in this case remains.

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