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(영문) 수원지방법원안산지원 2016.02.24 2015가단32561

근저당권설정등기 말소등기

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1. As to the real estate indicated in the separate sheet to the Plaintiff

A. Defendant B shall file for the registration of the Suwon District Court’s Ansan Branch and the registration of the Suwon District Court’s Ansan Branch on 193.

Reasons

1. According to the statement in Gap evidence No. 1, the plaintiff is the owner of the real estate listed in the separate sheet (hereinafter "the real estate of this case"). The defendant B's order on the real estate of this case

1.(a)

The registration of establishment of the right to collateral security (hereinafter “registration of establishment of the right to collateral security”) was made by Defendant C.

1.(b)

It is recognized that the registration of establishment of the right to collateral security (hereinafter referred to as the “registration of establishment of the right to collateral security”) has been completed.

2. According to the above facts of determination, the Defendants did not take measures to suspend the statute of limitations on the secured obligation of each of the above secured claims until the date of the closing of argument in the instant case, even when the registration of establishment of the right to collateral security was completed from 1993 to 1994, respectively.

Therefore, since the secured obligation of each of the instant mortgages was extinguished by the completion of prescription, Defendant B is obligated to perform the registration procedure of establishment of the instant collateral, and Defendant C is obligated to perform the registration procedure of cancellation of registration of establishment of the instant collateral.

3. Conclusion, the plaintiff's claim of this case is justified.