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(영문) 대전지방법원홍성지원 2014.08.14 2014가합14
근저당권말소
Text

1. The defendant shall accept on January 9, 1996, from the Daejeon District Court, Bohyeong registry office with respect to each real estate listed in the separate sheet to B.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit claiming reimbursement against B, etc. on March 29, 2013, the Cheongju District Court 2012Ka1464. The above court rendered a lawsuit claiming reimbursement on March 29, 2013, “B shall be jointly and severally with C, etc., and KRW 1,459,256,558, and ① 390,07,089,00 per annum from May 31, 1996 to February 15, 1998; KRW 25% per annum from the following day to October 31, 1998; KRW 20% per annum from the next day to February 29, 200; KRW 18% per annum from the next day to April 18, 200; and KRW 25% per annum from the next day to the date of full payment; and KRW 10,096,97.6.8% per annum from the date of full payment.

B. On January 9, 1996, 270, the Daejeon District Court Bohyeong registry office of the Daejeon District Court completed the registration of creation of a neighboring mortgage in the name of the defendant with the cause of KRW 300 million against the obligor B and the maximum debt amount (hereinafter “mortgage”) or the registration of creation of a neighboring mortgage in the name of the defendant.

(c) B is currently insolvent.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, Gap evidence 5-1 to 9, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the secured claim of the instant mortgage did not exist, and even if the secured claim exists, the registration of the establishment of the instant collateral ought to be cancelled, since the period of extinctive prescription expires by ten years.

Therefore, the Plaintiff seeks to cancel the registration of establishment of the instant neighboring mortgage on behalf of insolvent B.

B. The defendant's assertion 1) B around January 1994, 1994, the Gangnam-gu Seoul Metropolitan Government D apartment 108 Dong 302 (hereinafter "the apartment of this case").

at the time of purchase.

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