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(영문) 광주지방법원순천지원 2015.09.03 2015가단9121

근저당권설정등기말소

Text

1. The defendant on August 9, 2004, as to the real estate stated in the attached list to B, Gwangju District Court's net support registry office.

Reasons

1. On August 6, 2004, the Defendant, with regard to the indication of the claim, completed the establishment registration of a mortgage on the real estate stated in the separate sheet as stated in B, and completed the establishment registration of a mortgage on August 9, 2004, with the maximum debt amount of KRW 80 million as stated in paragraph (1).

However, since the secured claim in the registration of the establishment of a new mortgage was extinguished by the completion of the prescription on August 9, 2004 at the latest, the secured claim was extinguished by Article 369 of the Civil Code.

Therefore, the plaintiff, who is the creditor of B, seeks the defendant to implement the registration procedure for cancellation of the above establishment registration on behalf of B.

2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;