beta
(영문) 청주지방법원제천지원 2019.01.23 2017가단20698

근저당권말소

Text

1. The defendant on June 27, 2006, with respect to each real estate listed in the separate sheet to the plaintiff, the Cheongju District Court is a single registry office for the defendant.

Reasons

1. The plaintiff to indicate the claim is the owner of each real estate listed in the separate sheet.

Attached Form

On June 27, 2006, the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) was completed in accordance with Article 4972, which is “the Defendant, the debtor, the Plaintiff, the maximum debt amount of KRW 20,000,000,” as to each real estate indicated in the list.

Since the Plaintiff did not assume the obligation to B, there is no secured claim in the registration of the establishment of the neighboring mortgage of the instant case.

Even if there was a secured claim

Even if the above claims were to be deemed to have been established on June 27, 2006, when the establishment registration of a new mortgage was completed at the latest, and there was no proof of the due date for payment. Therefore, the above claims were extinguished after the lapse of 10 years from the date of their establishment.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the registration of the establishment of the neighboring mortgage of this case to the plaintiff.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;