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(영문) 수원지방법원 2016.02.04 2015가단124640
근저당권말소
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is among the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. At around October 24, 2009, three Plaintiffs, the deceased F (hereinafter “the deceased”) and the G et al. agreed to sell KRW 2.10 million each of the sales proceeds of each of the instant lands at KRW 70 million each around 1991, and purchase them in 1/3 each by bearing KRW 2.1 million each of the sales proceeds of each of the instant lands, and the Plaintiff’s sole name.

Accordingly, with respect to each of the lands of this case, the Plaintiff entered into a sales contract with the former owner H around May 14, 1991, and completed the registration of ownership transfer under the Plaintiff’s sole name as the receipt office of Suwon District Court No. 22507, Jun. 15, 1991.

B. Defendant B’s wife, and the remaining Defendants are the deceased’s children.

C. On January 27, 2005, the establishment registration of each of the instant neighboring areas was completed on the record of each of the instant lands, which was KRW 1,50,000,000 for the deceased, the debtor, and the maximum debt amount.

[Grounds for recognition] Unsatisfy, entry of Gap evidence 1-1-5, the purport of the whole pleadings

2. The assertion and determination as to the claim on the principal lawsuit

A. 1) The Plaintiff, claiming the cause of the claim, established the establishment of the establishment of each of the instant neighboring areas while borrowing money from the deceased. The Plaintiff’s repayment deposit of KRW 150 million with the maximum debt amount of each of the instant surrounding claims against the deceased. As such, the Defendants, the inheritor of the deceased, are obligated to cancel the registration of establishment of each of the instant neighboring areas to the Plaintiff. 2) The Defendant’s claim that the establishment of the establishment of the establishment of each of the instant neighboring areas of the instant case, without the secured debt, clearly indicates that the 1/3 shares out of the instant land are the deceased, and completed the registration of establishment of each of the instant neighboring areas to secure the right

B. If the registration of creation of a neighboring mortgage was completed, it shall be presumed that it was completed by legitimate grounds for registration. As long as the registration of creation of a neighboring mortgage of this case has been completed, there is a debt of collateral security equivalent to the maximum debt amount as alleged by the plaintiff.

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