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(영문) 부산지방법원 2020.08.18 2020가단1086

근저당권설정등기말소

Text

The Defendants shall apply to the Plaintiff with respect to the real estate stated in the attached Table 2 in accordance with the attached Table 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate indicated in the attached list 2 (hereinafter “the instant real estate”). The deceased G is the owner of the instant real estate with the obligor H and maximum debt amount of KRW 20 million as to the instant real estate as to the Busan District Court’s registry office, Busan District Court No. 2621, Jul. 15, 1986, and the registration of the establishment of a neighboring mortgage as of April 22, 1993, followed by No. 3312, which was completed on April 22, 1993.

B. The net G died on January 10, 2013, and the Defendants were the successors of the network G, and their inheritance shares are as shown in the separate sheet 1.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The secured debt of each of the above mortgages was extinguished by the completion of prescription after the lapse of 30 years from the date of the registration of establishment of the collateral. Since the secured debt of the collateral is extinguished by prescription, the collateral is extinguished by the nature of the collateral. Thus, the Defendants are obliged to implement the procedure for registration of cancellation of each of the above mortgages on the ground that the prescription period of the collateral is extinguished.

3. According to the conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.