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(영문) 춘천지방법원강릉지원 2019.04.02 2018가단35208
근저당권말소
Text

1. The Defendant (Counterclaim Plaintiff) is the Chuncheon District Court with regard to the size of 994 square meters of forest land D in Gangseo-si, Gangwon-do for the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On September 8, 1988, Plaintiff B and E acquired one half of each of the shares of 14,876 square meters of forest land in Gangseo-si, Gangwon-do.

B. On June 4, 1992, in relation to the forest of this case, the Gangwon-do Do 94§³ (hereinafter “the forest of this case”) was divided. On the same day, with respect to the forest of this case, the right to collateral security (hereinafter “the right to collateral security”) with respect to the Plaintiff B and E as the debtor, the maximum debt amount of KRW 30 million as the defendant as the right to collateral security, and the right to collateral security (hereinafter “the right to collateral security”) with respect to the forest of this case was completed on May 30, 1989 for the Plaintiff B and E as the debtor, G and H as the mortgagee, and the right to collateral security (hereinafter “F forest after division”) of the maximum debt amount of KRW 200 million as the right to collateral security (hereinafter “right to collateral security”).

C. After the division on August 5, 199, the registration of ownership transfer was completed on July 22, 1999 with respect to F forest land H and G. D.

On June 4, 2018, the share of 1/2 of the instant forest was transferred from E to the Plaintiff on the grounds of trade.

[Grounds for Recognition: Each entry in Gap evidence Nos. 1 and 2 (Additional Number omitted), and the purport of the whole pleadings]

2. Determination on the main claim

A. On May 30, 1989, in order to secure the right to claim ownership transfer registration of H and G when selling the F forest part of the F forest after dividing into H and G on May 30, 1989, the Plaintiffs sought cancellation of the instant right to collateral against the Defendant by asserting that the instant right to collateral security was terminated by completing the registration of ownership transfer of H and G forest after dividing into H and G on August 5, 1999. However, there is no evidence to support that the instant right to collateral security was completed to secure the right to claim ownership transfer registration of H and G (if it is necessary to secure the right to claim ownership transfer registration of H and G, it seems sufficient to establish the right to collateral security with respect to F forest after dividing into H and G as seen earlier).

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