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(영문) 광주지방법원순천지원 2020.05.20 2019가단6359
근저당권말소
Text

1. The Plaintiff, among each real estate listed in the separate sheet, the Defendant C shall have 3/11 shares, Defendant D, E, F, and G shall have 2/11 shares, respectively.

Reasons

1. On July 24, 200, the Plaintiff completed the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) and the Nomar I Apartment apartment J (hereinafter “instant apartment”) on July 24, 200 with respect to each real estate listed in the separate sheet (hereinafter “instant apartment”).

With respect to the instant apartment, H was apportioned KRW 23,703,107 in the course of the auction of real estate in progress to K of this Court on August 30, 2002, based on the instant right to collateral security.

H died on February 6, 2004, and Defendant C (Inheritance 3/11), his spouse, Defendant D, E, F, and G (Inheritance 2/11, each of whose shares in inheritance) jointly inherited H’s property.

[Reasons for Recognition] Unsatisfy, Gap 1 to 3 (including virtual numbers), Eul 1, the purport of the whole pleadings

2. The extinctive prescription of the secured claim of the instant right to collateral in the instant case was completed on August 30, 2012, since H re-ended from August 30, 2002, which was distributed to H in the auction procedure, and ten years thereafter passed thereafter, the instant right to collateral security expired depending on the appendant nature of the right to collateral security.

(A) The Defendants asserted that the statute of limitations has been interrupted on the ground that there is no evidence to acknowledge the interruption of the statute of limitations, but the Defendants’ assertion is not acceptable on the ground that there is no evidence to acknowledge the interruption of the statute of limitations.

Therefore, the Defendants have the duty to cancel the registration of establishment of the right to collateral security of this case with respect to each inheritance share among the instant real estate.

3. The plaintiff's claim for conclusion is justified and accepted.

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