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(영문) 서울북부지방법원 2014.12.15 2014가단31513
근저당권설정등기 및 전세권설정등기말소
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1. The defendant shall register the Dongdaemun-gu Seoul Northern District Court with respect to subparagraph 204 of the second floor in Dongdaemun-gu Seoul.

Reasons

[Judgment through Service by Public Notice: Article 208 (3) 3 of the Civil Procedure Act]

1. On November 4, 1992, the Plaintiff borrowed KRW 15 million from the Defendant, and as a security therefor, the Defendant as a mortgagee or a person having chonsegwon with respect to the Seoul Dongdaemun-gu Seoul Dongdaemun-gu Seoul Northern District Court No. 62897, which received on November 4, 1992, the registration of the establishment of a neighboring mortgage and the registration of the establishment of a chonsegwon as the receipt of No. 63159, Nov. 5, 1992, respectively.

2. After June 20, 1995, the Plaintiff repaid the Defendant a total of KRW 17.2 million from June 20, 1995 to October 30, 2002 with the principal and interest of the above borrowed amount, thereby repaying the above borrowed amount of KRW 11,7.2 million.

Even if some of the principal and interest of the above borrowed money remains, the statute of limitations has expired since the Plaintiff repaid on October 30, 2002.

3. Therefore, registration of establishment of a mortgage and registration of establishment of a right to lease on a deposit basis should be cancelled as it is registered as invalid due to the extinction of the secured obligation.

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