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(영문) 창원지방법원밀양지원 2016.06.22 2015가단979

근저당권말소

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1. The Defendant’s succeeding intervenor received on July 18, 1995 with respect to the portion of 330/750 square meters in 750 square meters in Si/Gun’s 750 square meters.

Reasons

1. Facts of recognition;

A. C, the owner of 30/750 shares of 330/750 square meters in 750 square meters in Gyeongnam-gun, Gyeongnam-gun, B (hereinafter “instant real estate”), had completed the registration of the establishment of a mortgage with the debtor D, the maximum debt amount of 280,000,000 won in the eropo-Gun Mutual Savings and Finance Company (hereinafter “Mutual Savings and Finance Company”) on July 18, 1995, regardless of whether the trade name was changed to the open Mutual and Finance Company; hereinafter “mutual and Finance Company”). On June 24, 1996, C completed the registration of the establishment of a mortgage with the debtor D, the maximum debt amount of 710,000,000 won, respectively.

(hereinafter collectively referred to as “each of the instant collateral security”). B.

E on May 12, 1997, between D, C, and the open mutual savings and finance company, the secured debt of each of the instant mortgage in this case was acquired in parallel E, but each of the above secured debt was entered into an agreement to continue to exist.

C. The open mutual savings and finance company was declared bankrupt by the Daegu District Court around July 2000, and the defendant was appointed as the bankruptcy trustee.

On June 20, 2003, the defendant transferred to the intervenor succeeding to the defendant the claim against D's unpaid principal of KRW 74,819,986 and KRW 1,797,500 incurred on June 14, 2002.

E. On September 7, 2015, the Defendant completed the supplementary registration of each of the instant collective security transfer on June 20, 2003 to the Intervenor succeeding to the Defendant.

F. Meanwhile, on July 27, 1998, C completed the registration of ownership transfer based on the sale on July 3, 1998 with respect to the instant real estate to F, and F completed the registration of ownership transfer based on the sale on June 15, 2010 to the Plaintiff on June 8, 2010.

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1, 2, 3, Eul Nos. 1 and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the secured obligation of each of the instant right to collateral security has already been repaid or extinctive prescription.