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(영문) 대구지방법원경주지원 2019.05.01 2018가단391

근저당권말소

Text

1. The defendant shall receive, on March 16, 199, the Daegu District Court racing support with respect to the size of 1,450 square meters in racing for the plaintiffs.

Reasons

1. Indication of claim;

A. On March 15, 1999, Nonparty F, Plaintiff A borrowed KRW 10 million from the Defendant, and as a security, the Defendant completed the registration of the establishment of the instant collateral security interest (hereinafter “instant collateral security interest”) with respect to the amount of KRW 15 million, the maximum debt amount of KRW 15 million, the debtor, the Plaintiff A, the networkF, and the Defendant’s right to collateral security (hereinafter “instant collateral security interest”) as the amount of KRW 13070,00 square meters received on March 16, 1999 from the Daegu District Court.

B. On July 200, Plaintiff A and the net F repaid the full amount of the above debt.

C. The NetworkF died on April 13, 2016, and the instant real estate is currently owned by the Plaintiffs upon inheritance.

Even if it is not proved that the above debt was repaid, the above debt was extinguished by the expiration of the ten-year extinctive prescription.

E. Therefore, since the secured obligation of the instant right to collateral security expired by payment or by prescription, and the instant right to collateral security also ceased to exist in the form of the appendant nature, the Defendant is obliged to implement the registration procedure for cancellation of the registration of establishment of the instant right to collateral security against

2. Judgment made based on the recommendation of confession based on the basis of recognition (Articles 208 (3) 2, 150 (3) and (1) of the Civil Procedure Act).