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(영문) 대전지방법원천안지원 2017.11.22 2017가단7312

근저당권설정등기말소 등

Text

1. With respect to the Plaintiff: F. 271 square meters in Asan-si:

A. Defendant B shall have the ASEAN Branch Office of Daejeon District Court on 1997.

Reasons

1. Facts of recognition;

A. On July 15, 1997, the Plaintiff lent money to Defendant B on or around December 31, 1997, with a view to securing this, the Plaintiff registered the establishment of a collateral of KRW 23,000,000 for the maximum debt amount as of July 16, 1997, as the ASEAN Branch Office of the Daejeon District Court, No. 23589 on July 16, 1997.

B. Around September 30, 1997, the Plaintiff lent money to G with a maturity of December 31, 1997. To secure this, the Plaintiff made a registration of the establishment of a neighboring maximum debt amount of KRW 15,000,000 to the Daejeon District Court for the establishment of a mortgage on the instant real estate as the District Court’s Busan District Court Branch No. 33153, Oct. 4, 1997, as it received on October 4, 1997.

G died on October 6, 199, and Defendant C, D, and E succeeded to this.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the secured claim based on each of the above secured claims shall be deemed to have expired by prescription around December 31, 2007 after the lapse of 10 years from the due date for payment. Thus, the Defendants are obligated to implement the procedure for cancellation registration as to each of the above secured claims to the Plaintiff.

3. In conclusion, the plaintiff's claim against the defendants of this case is with merit, and it is so decided as per Disposition.