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(영문) 서울서부지방법원 2015.12.04 2014가합8585
근저당권말소등기
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On April 26, 2007, the establishment registration of a mortgage on each of the real estate listed in the separate sheet owned by B was completed on April 19816, 200, which was based on the amount of KRW 390,000,000 for the mortgagee, B, and the maximum debt amount. On September 30, 2009, the establishment registration of a mortgage was completed on September 30, 2009, with the amount of KRW 390,000,000,000 for

(hereinafter referred to as the “registration of each of the instant collective security”). B.

B died on March 18, 2014, and four persons, including the Plaintiff (Appointed Party; hereinafter the Plaintiff) and the Appointed C, inherited the Deceased.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1-1, 2, 3, and 2-2, and the purport of the whole pleadings

2. Determination:

A. The plaintiff asserts that each of the registrations of this case was completed against the deceased's will, and thus, should be cancelled as it is the registration of invalidity of cause.

B. In the event that the establishment registration of a neighboring mortgage is completed, the registration is presumed to have been lawful and to have publicly announced the true state of rights, and thus, the party asserting that the registration was unlawful is responsible to prove the objection to the reversal of the presumption.

(See Supreme Court Decision 2000Da72763 Decided April 10, 2001, etc.). C.

At the time of the completion of each of the instant applications for registration of collateral security (credit transaction) with the documents for registration (credit transaction) (Evidence 1, 2, 1, 2, 1, 2, 1, 1, 3, 3, 4, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 6-2, etc., 4, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 1, 5, 5, 5, 5, 1, 5, 5, 1, 5, 1, 5, 1, 5, 1, 1, 1, 1,

I, however, do not say.

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