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(영문) 광주지방법원 2018.07.11 2017가단16858

저당권말소

Text

1. The defendant shall receive on March 27, 2003 from the Gwangju District Court Young-gu District Court concerning each real estate listed in the separate sheet to B.

Reasons

1. Facts without dispute;

A. On March 27, 2003, B completed the registration of creation of a mortgage as to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendant on March 27, 2003 by the Gwangju District Court No. 3617.

(hereinafter referred to as “registration of mortgage of this case”). B.

The registration of the mortgage of this case was made in order to secure the obligation of KRW 10,000,000 (the repayment period, March 24, 2004, interest rate of KRW 1%) to be borne by B against the defendant, and is entered in the real estate registration register.

C. As of October 13, 2015, the Plaintiff has the principal of KRW 12,507,612 as of October 13, 2015 and its interest and damages for delay.

2. Determination

A. The Plaintiff’s assertion 1) The Defendant’s above claim against B (hereinafter “instant claim”).

(2) The defendant asserts that the statute of limitations has already expired after the lapse of ten years from March 24, 2004, the due date for payment of which was due, and that the statute of limitations has been interrupted due to the cancellation of the registration of the mortgage of this case where the secured claim was extinguished on behalf of his obligor B by subrogation of his obligor B. 2) In response thereto, the defendant raised to the effect that the statute of limitations has been interrupted by approving the above obligation by paying monthly interest by April 201

In addition, B asserts that on January 30, 2018, the statute of limitations has been suspended or renounced by promising the Defendant to pay the above debt.

B. As of the determination as to the propriety of the claim, it is apparent that the ten-year period has elapsed since the claim was due, barring any special circumstance, the extinctive prescription of the above claim was completed, barring any special circumstance.

I would like to say.

B paid interest to the Defendant after the due date.

There is no evidence to prove that the Defendant promised to repay the claim on January 30, 2018 (as of January 30, 2018, each of the instant claims is doubtful as to whether it was made by the intent of its preparing person regardless of the truth of its content). The extinctive prescription of the instant claim was interrupted.

or B.