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(영문) 의정부지방법원 2019.10.16 2019가단102529
근저당권말소
Text

1. The defendant on April 28, 1997, as to the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On April 26, 1997, C, the husband of the Plaintiff, entered into a contract with the Defendant to be supplied with the records, general waterproof water, etc. (hereinafter “instant goods supply contract”) with the Defendant, and as security, the registration of creation of mortgage over the maximum debt amount of KRW 20 million (hereinafter “instant collateral security”) was completed on April 28, 1997 with respect to real estate listed in the attached list owned by the Plaintiff as the Dong-gu District Court, Dongbcheon Registry, 2559.

B. The defendant was dissolved under Article 520-2(1) of the Commercial Act on December 2, 2003, and the liquidation was completed on December 4, 2006.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. The Plaintiff determined the cause of the Plaintiff’s claim. The instant mortgage did not exist the secured claim from the beginning, or there was a household mortgage claim.

Even if it is alleged that the statute of limitations expired, and seek the cancellation of the registration of the establishment of the neighboring mortgage of this case.

According to the facts found earlier, the defendant's claim based on the contract for the supply of goods in this case is a commercial claim with the extinctive prescription period of five years, and even if there remains the claim for the purchase price of goods secured by the above right to collateral security, the due date has arrived at around December 4, 2006, which is the date of the completion of liquidation of the defendant, and since it is apparent that five years have passed thereafter, the above right for the purchase price of goods became extinct by the statute of limitations.

In addition, as long as the secured claim of the instant right to collateral security has expired, the Defendant is obligated to implement the registration procedure for cancellation of the establishment registration of the instant right to collateral security to the Plaintiff.

B. The defendant's argument regarding the defendant's assertion argues that since the defendant supplied goods to C by the year 198, the above right to collateral security should not be cancelled because the secured debt of the instant right to collateral security remains. However, the defendant's argument.

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