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(영문) 광주지방법원 2017.07.13 2017가단502731
근저당권말소
Text

1. The defendant is against the non-party movables Construction Co., Ltd., Gwangju District Court on each real estate listed in the separate sheet.

Reasons

1. The facts stated in the grounds for the attachment of the facts of recognition may be recognized either in dispute between the parties or in each entry in Gap evidence 1 through 6, by integrating the whole purport of the pleadings;

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that a creditor who has a claim for delinquent local taxes of KRW 3,428,414,800 against the non-party movable construction company (hereinafter “movable Construction”) (hereinafter “movable Construction”) who is the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as indicated in the separate sheet, completed the seizure registration on each of the instant real estate. The Defendant is the right holder of each of the instant real estate stated in the separate sheet (hereinafter “each of the instant real estate”).

Since the Defendant did not exercise a claim secured by the aforementioned collateral security contract within five years from the date of each of the instant mortgages contract, and all of the secured obligations of each of the instant mortgages became extinct upon the completion of extinctive prescription, the Plaintiff seeks implementation of the procedure for registration of cancellation of each of the instant mortgages in lieu of construction of movable property in order to compensate for delinquent local taxes.

B. Therefore, each of the instant mortgage contracts was concluded on December 24, 1991, June 20, 1992, and December 12, 1997. Barring any special circumstance, barring any special circumstance, the secured obligation of each of the instant mortgages is a commercial obligation arising from commercial transactions between a movable construction company and the Defendant, which is a merchant, and the period of extinctive prescription is five years. Thus, it is reasonable to view that each of the instant mortgages contracts expired as the expiration of the extinctive prescription period, since each of the instant mortgages contracts was concluded on December 24, 1996, June 20, 197, and December 12, 2002.

3. Defendant’s assertion and judgment

A. The summary of the Defendant’s assertion is each of the instant collateral mortgages, which is a comprehensive collateral security.

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