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Reasons
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(영문) 서울고등법원 2019.06.14 2018나2060282
근저당권피담보채무부존재확인
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1. Revocation of the first instance judgment.

2. All of the plaintiffs' lawsuits against the defendants are dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. In around 2005, Plaintiff A, B, C, and Network N owned 41.6% of each of the real estate listed in [Attachment List No. 1] (hereinafter “instant land”); Plaintiff E owned 43.3% of the real estate listed in [Attachment List No. 2] (hereinafter “instant land”); Plaintiff F owned 43.7% of the instant land No. 2; and Plaintiff F owned 43.7% of each of the instant land No. 520.

On the other hand, Plaintiff A, C, E, F, and network N were part of the co-owners of the building of Qule Construction on each of the above lands. They and the other co-owners concluded a contract for construction of a main apartment on each of the above lands with RR (hereinafter “R”) operated by U on August 25, 2001, and formed a Qrebuilding Promotion Committee (hereinafter “the Promotion Committee of this case”) to carry out the instant reconstruction project around 2002.

B. On March 9, 2005, the provisional registration of the right to claim a transfer of all shares against Defendant M as the person having the provisional registration (hereinafter “the provisional registration of this case”) was completed on or around March 9, 2005 with respect to the portion of 41.6 shares out of the land of this case owned by Plaintiff A, B, C, and net N, and the provisional registration of each right to claim a transfer of shares was completed on or around October 28, 2005 with respect to each right to claim a transfer of shares out of the land of this case owned by Plaintiff B as the mortgagee on or around October 28, 2005, the establishment registration of each right to claim a transfer of shares out of the land of this case owned by Plaintiff E was completed on or around 43.3 shares of 520 out of the land of this case owned by Plaintiff E and about 43.7 shares out of the 2 land of this case owned by Plaintiff F.

C. The deceased on July 7, 2008, Plaintiff D, one of the heirs, inherited by himself 41.6/7 out of the land No. 1 of this case owned by the deceased N according to the agreement on the division of inherited property.

Plaintiffs.

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