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(영문) 광주지방법원 2019.12.11 2019가단509842

근저당권말소

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1. With respect to the Plaintiff, Jeonyang-gun, Jeonyang-gun, 940 square meters:

A. Defendant B Co., Ltd. shall be the Gwangju District Court's Duyangyang Registry.

Reasons

1. Facts of recognition;

A. The registration of the establishment of a mortgage in the name of Defendant B Co., Ltd. (hereinafter “Defendant B”) (hereinafter “Defendant B”) was completed on April 14, 1998 with respect to the 940 square meters in Seoyang-gun, Jeonyang-gun (hereinafter “the instant real property”) owned by the Plaintiff, as the receipt of No. 5299 on April 14, 1998, with respect to the amount of maximum debt amount of KRW 20 million and the debtor D Co., Ltd. (hereinafter “D”).

B. At the time, D’s representative was the Plaintiff’s husband E.

C. On August 4, 2015, Defendant Republic of Korea seized the secured debt of the aforementioned secured debt, and completed the registration of seizure of the secured debt of the said secured debt under the Act No. 11676, Aug. 7, 2015, which was received on August 7, 2015.

【Ground of Recognition】 A between the Plaintiff and the Defendant Company: Confession, deemed as confession, the existence of no dispute between the Plaintiff and the Defendant, the entries in the evidence Nos. 1 through 3, and the purport of all pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff, while creating a G complex in the Fri-gun of the Jeonyang-gun, he purchased the above complex site around April 1994, and paid all the construction cost of KRW 400 million to the defendant B on July 1996, and completed the construction work. Around April 1998, the plaintiff asserted that the claimant as the head of the defendant B did not pay KRW 20 million out of the construction cost, and paid KRW 20 million around August 1998. However, even if the construction cost was fully paid before full payment, the above person, who was the head of the division, by deceiving the plaintiff Eul, acquired KRW 20 million by deceiving him, even if there was no secured claim, and even if the above secured claim is invalid or valid, the right to collateral expires due to the completion of the period of extinctive prescription of the secured claim for repayment or for three years around August 1998.

(b) The mortgage is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future, which is a number of unspecified claims arising from continuous transactions.