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(영문) 청주지방법원충주지원 2020.01.08 2019가단3243

근저당권설정등기말소

Text

1. The Defendants, on July 24, 2002, shall provide the Cheongju District Court with respect to each real estate listed in the separate sheet to Nonparty D.

Reasons

1. As to the cause of the claim, the Plaintiff held a claim for the registration of the establishment of mortgage (including the registration number No. 2926, Mar. 2, 2002) against Nonparty D, which is insolvent, at the rate of 20% per annum from April 17, 2004 to the date of full payment (hereinafter “the claim of this case”), with respect to KRW 1,951,581,80,80 by the Cheongju District Court Decision 2014Gahap382 decided Jan. 22, 2015, and damages for delay calculated at the rate of 1,569,867,172 among them, with respect to each real estate listed in the separate list of the Defendants on July 24, 2002, with respect to each real estate for which the Defendants were insolvent, or with respect to each real estate listed in the separate list, with respect to each of the parties’ respective evidence No. 29263 (including each of the parties’ respective evidence No. 1263, each of this case).

According to the facts acknowledged earlier, the Defendants’ claims against D, which are the secured debt of each of the instant mortgage establishment registration, are apparent from the time when ten years have elapsed since the said claims were established (the Defendants do not clearly dispute the claims or provide specific evidence of the interruption of extinctive prescription). The secured debt of each of the instant mortgage establishment registration was already extinguished by extinctive prescription.

I would like to say.

Therefore, according to the Plaintiff’s claim seeking cancellation of the registration of establishment of each of the instant units of establishment in subrogation of D in order to preserve the claim for the judgment amount against D in insolvent, the Defendants are obligated to implement the registration procedures for cancellation of each of the registration of establishment of each of the instant units of establishment.

2. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.