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(영문) 부산지방법원서부지원 2020.09.08 2019가단104738
근저당권설정등기말소
Text

1. The defendants shall register the real estate stated in the attached list to the plaintiff with the Busan District Court Seo Branch, and on January 1, 1993.

Reasons

1. Basic facts

A. On October 25, 191, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant share”) from D on October 25, 1991, and completed the registration of ownership transfer in the name of the Plaintiff on November 15, 191.

B. On January 25, 1993, the Plaintiff entered into a mortgage agreement with E and Defendant C with the maximum debt amount of KRW 120 million with respect to the instant share, with the debtor, the debtor, the mortgagee, the mortgagee E and the defendant C, and completed the registration of the vice branch of the Busan District Court and the registration of the establishment of a neighboring mortgage (hereinafter “the registration of the establishment of a neighboring mortgage of this case”).

C. On Aug. 8, 1995, Defendant B inherited the property of Defendant B solely, and Defendant C is the child of the deceased net F on Oct. 29, 1994.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 3, Eul evidence Nos. 2-1, 2, Eul evidence Nos. 1, 4, Eul evidence Nos. 2 and 3, each of the statements Nos. 2 and 3-2, the Gdong Administrative Welfare Center of this Court, and Hdong Administrative Welfare Center's fact inquiry results, the purport of the whole pleadings, as a whole.

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The secured claim of the instant right to collateral security arising from the transactional relationship between the Plaintiff and the Plaintiff (hereinafter “instant claim”) that caused the discount of bill payment to the Plaintiff seeking to lend business funds (hereinafter “the instant claim”).

) The Plaintiff did not incur the instant claim because of the absence of default among the bills discounted by the networkF, and even if not, the instant claim is a commercial claim, and the initial date of the extinctive prescription is October 29, 1994 when the networkF died. Accordingly, the instant claim was extinguished on October 29, 199 after the lapse of five (5) years from the date of the instant claim, and thus, the instant right to collateral security should be cancelled by the appendant nature. 2) At the request of the Defendants’ assertion, the deceased E and the Defendant C, the father of the Defendant B, lent KRW 50 million to the Plaintiff, respectively, and set up the instant right to collateral security.

B. (1) Determination 1) The secured debt of the instant right to collateral security is determined.

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