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(영문) 서울중앙지방법원 2020.02.12 2019가단5022961

근저당권말소

Text

1. As to the real estate listed in the separate sheet to the Plaintiff:

A. Defendant B is the Seoul Central District Court’s Deputy Registry on 2003.

Reasons

1. Facts of recognition;

A. On October 14, 2003, the Plaintiff entered into a contract for establishing the right to collateral security with Defendant B, and on October 15, 2003, the Plaintiff completed the registration of establishment of the right to collateral security with respect to the real estate stated in the separate sheet (hereinafter “instant building”) against Defendant B on October 15, 2003, as Seoul Central District Court No. 59167, the maximum debt amount of KRW 65,00,000,00 with respect to

(hereinafter the above right to collateral security (hereinafter “the first right to collateral security”) B.

On May 30, 2006, the Plaintiff entered into a contract with Defendant C to create a mortgage, and on the same day, the Plaintiff completed the registration of creation of a mortgage over the instant building with the Seoul Central District Court No. 30845, the maximum debt amount of KRW 65,000,000 against the Defendant C.

(2) The judgment of the court below on the ground of appeal No. 1 and the ground for appeal No. 1 and the ground for appeal No. 1

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The secured obligation of each of the instant mortgages was the Plaintiff’s mother D’s debt borrowed from the Defendants, and D repaid the above obligation around October 9, 2007. 2) Even if the secured obligation was not fully repaid.

Even if the secured claim of each of the instant mortgages was extinguished upon the completion of the extinctive prescription.

B. As to the determination of the claim for repayment of each of the instant collateral security claims, it is not sufficient to recognize the entire collateral obligation with the statement of No. 2, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion on this part is without merit.

C. As to the claim of extinctive prescription, the secured claim of the No. 1 collateral of the instant case was concluded on October 14, 2003 when the contract to establish a collateral of the instant No. 1 collateral was concluded. The secured claim of the instant No. 2 collateral of the instant case was concluded on May 30, 2006, and there is no other evidence to deem that there was a repayment agreement for each of the instant secured claims.

Each of the above secured claims.