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(영문) 서울북부지방법원 2019.03.22 2018가단139057

근저당권말소

Text

1. The defendant shall have jurisdiction over the share of 1/3 of 111,571 square meters of B forest land in the East Sea to the plaintiff. The Chuncheon District Court shall have jurisdiction over the registration office of the East Sea.

Reasons

1. A claim indication C filed a lawsuit against D seeking payment of KRW 11,960,945 with Seoul Central District Court 2014dada560775, which became final and conclusive on October 2, 2014. The judgment became final and conclusive on October 2, 2014. The Plaintiff acquired the foregoing claim against D from C on January 26, 2018, and notified D of the transfer of the claim upon delegation of the authority to notify the transfer on the same day.

On the other hand, on December 19, 191, the defendant completed the registration of the establishment of a neighboring mortgage contract as stated in Paragraph (1) of the Disposition No. 1 of D on December 18, 1991.

The claim with the above right to collateral security has occurred before December 18, 1991 and has expired ten years of extinctive prescription.

In order to preserve the above claim against D, the Plaintiff sought cancellation of the registration of the establishment of the establishment of the above neighboring mortgage, which is null and void by subrogation of D.

(Supreme Court Decision 94Da58148 Decided April 14, 1995 (based on the Supreme Court Decision 94Da58148 Decided April 14, 1995, the Plaintiff is seeking to directly implement the procedure for registration of cancellation).