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(영문) 대전지방법원 논산지원 2018.07.19 2016가단22502
근저당권말소
Text

1. Of Nonparty E, F, G, and H, Defendant A with respect to the portion of 1329 square meters in Chungcheongnam-nam-gun, and the remaining Defendants are as to the portion of 1/3.

Reasons

1. The Plaintiff, who is the deceased J’s heir, has monetary claims based on the judgment of the Daejeon District Court 2004Gaso6241 rendered the Daejeon District Court 2004Gaso6241 against Nonparty E, F, G, and H, the deceased J’s heir.

On the other hand, the deceased K completed the registration of the establishment of a neighboring mortgage of the maximum debt amounting to KRW 60 million as the registration office of the Daejeon District Court No. 14147, Aug. 27, 1993, with respect to the 1329 square meters in Chungcheongnam-gun, Chungcheongnam-gun, which was owned by the deceased J, as the secured debt of the above right became extinct due to repayment or expiration of the statute of limitations. Thus, the above secured mortgage became null and void.

Since then, the Defendants inherited K.

Therefore, the Plaintiff seeks registration of cancellation of the registration of the establishment of the above neighboring mortgage by subrogation of the above E, F, G, and H.

2. Grounds for recognition;

A. Judgment on Defendant C by public notice (Article 208(3)3 of the Civil Procedure Act)

B. Judgment by each deemed confession against the remaining Defendants (Article 208(3)2 of the Civil Procedure Act)

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