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(영문) 전주지방법원 2016.07.20 2015가단37070
근저당권말소등기절차 이행
Text

1. As to each of the Plaintiff’s shares of 1/2 of the 5,752 square meters of G forest land in Jeonju-gun, Jeonbuk-gun, and 18,050 square meters of H forest land.

Reasons

1. Facts of recognition;

A. The Plaintiff completed each registration of transfer of ownership on May 31, 2003 with respect to shares of 1/2 shares among each of the real estate listed in paragraph (1) of this case (hereinafter “each of the real estate of this case”) by inheritance on March 15, 192.

B. On December 19, 197, the Plaintiff borrowed interest of KRW 15 million from the deceased I (hereinafter “the deceased”) on December 19, 1997, and as security, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) as stated in Paragraph (1) of this Article regarding shares of each of the instant real estate to the deceased as one-half of the instant real estate.

C. On November 4, 2004, the Deceased died after having left the Defendants, who were the Defendants B and their children, who were the bereaved family members.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The judgment on the cause of a claim refers to a mortgage created by setting only the maximum amount of the claim to be secured and reserving the determination of the obligation in the future. In such cases, the extinction or transfer of the obligation until the secured obligation is determined does not affect the right of collateral. Thus, in principle, the secured obligation is determined when the term of the right of collateral security contract comes into existence or a settlement period comes into existence in the basic transaction contract secured by the right of collateral security, but even in this case, if the obligation secured by the right of collateral is extinguished in whole and the obligor does not intend to continue transactions, such as borrowing new funds from the obligee, even if the term of the right of collateral security contract expires or the settlement period expires, the mortgagee may cancel the contract and seek cancellation of the registration of the right of collateral security, and if the term of the right of collateral security or the settlement period is not fixed,

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