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(영문) 청주지방법원 2017.06.16 2016가단109031
근저당권말소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion that the plaintiff has a claim for the acquisition amount against the non-party B. Since the registration of the right to collateral security in the name of the defendant as stated in the claim is invalid due to the expiration of the extinctive prescription period or due to false contract to establish the right to collateral security, the plaintiff asserts that the plaintiff

2. According to the reasoning of the evidence No. 1, the Plaintiff may acknowledge the fact that he/she transferred the claim against B to a partnership assets management loan company on February 12, 2012. Thus, it is insufficient to acknowledge that the Plaintiff had a claim against B solely on the statement of evidence Nos. 2 through 4, and there is no other evidence to acknowledge it. Thus, the instant lawsuit, based on the premise that the Plaintiff is a creditor of B, is unlawful.

3. According to the conclusion, the instant lawsuit is dismissed, and it is so decided as per Disposition.

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