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Reasons
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(영문) 부산지방법원 2019.07.16 2017가단338283
근저당권말소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. C’s inheritance relationship, etc. 1) C had D and E as his child. 2) E died on April 19, 198, and F as son succeeded solely to E.

3) On September 22, 2017, C died, and D and F (E’s substitute inheritors) jointly inherited C. B. C’s legacy, etc. as real estate, C owned real estate ① 17.8 square meters (hereinafter “instant G land”); ② H large 20.1 square meters (hereinafter “instant H land”); ③ the above G, H-ground reinforced concrete structure, H-ground reinforced convenience facilities, and detached houses (hereinafter “instant building”).

2) On November 22, 2010, C entrusted the Defendant with the preparation of a testamentary gift document (No. 1838, 2010, No. 1838, 2010, the title “instant testamentary gift” (hereinafter referred to as “instant testamentary gift”). In the event that the instant G land and the instant building are collectively referred to as “real estate subject to the instant testamentary gift,” it shall be deemed to be “real estate subject to the instant testamentary gift.”

C. (1) After the death of C, registration of ownership transfer and establishment of collateral security regarding real estate subject to the instant legacy was completed on September 22, 2017 with respect to the instant legacy and the instant H land on November 24, 2017, on which the ownership transfer registration was completed on September 22, 2017 with respect to each of 1/2 shares in D and F.

2) On November 24, 2017, F completed the registration of creation of a neighboring mortgage (hereinafter referred to as the “mortgage-mortgage-mortgage-backed security”) by setting the debtor F and the maximum debt amount as KRW 30 million with respect to the whole share of F-owned one-half of the immovable property subject to the instant legacy to the Defendant on November 24, 2017.

3) D) On December 8, 2017, D completed the entire transfer registration of equity on September 22, 2017, with respect to the entirety of F ownership of 1/2 equity out of the real estate subject to the instant legacy.

4 The Plaintiff entered into a pre-sale agreement on December 8, 2017 with D on real estate subject to the instant legacy, and on the same day.

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