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(영문) 대구지방법원영덕지원 2019.09.10 2019가단10007
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 23, 1998, C borrowed money from the Defendant’s father He (Death on February 13, 2010) from the Defendant’s father, and set up a collateral security right of KRW 25 million with respect to the instant land (hereinafter “mortgage”) with respect to the deceased E, and completed the registration of the instant case.

B. On February 13, 2010, the Defendant completed a supplementary registration on August 25, 2010 relating to the transfer of the right to collateral security on the ground of inheritance by agreement and division.

C. On September 24, 2003, the Plaintiff acquired a claim against F association C with respect to the F association, and upon receiving a payment order against C, the said payment order became final and conclusive on May 24, 2012.

(Reasons for Recognition) The Seoul Northern District Court 2012 tea2484. [Ground for Recognition] The fact that there is no dispute, the entry of Gap Nos. 1, 3, 4, and 5, and the purport of the whole pleadings.

2. Summary of the parties' arguments;

A. Since the secured debt of the Plaintiff’s instant right to collateral security has ceased to exist due to the repayment or the completion of extinctive prescription, the Plaintiff’s exercise of the registration procedure of this case by subrogation of C.

B. The extinctive prescription of the secured claim of the instant case was interrupted.

3. Determination

A. There is no evidence to prove that the secured debt of the instant case was extinguished due to the repayment regarding the claim for reimbursement.

Therefore, the plaintiff's above assertion is without merit.

B. As to the claim for the completion of the extinctive prescription, there is no dispute between the parties on the facts that the initial date of the extinctive prescription of the claim secured by the right to collateral of this case was January 23, 1998. Thus, the secured claim secured by the right to collateral of this case was extinguished upon the expiration of the extinctive prescription period on January 23, 2008. Therefore, barring any other circumstance, the Defendant is obligated to implement the registration procedure for cancellation of the registration of this case completed on January 23, 1998 with respect to the land of this case with the Ulsan District Court’s Ulsan District Court’s receipt No. 880 on January 23, 1998. 2) following each entry of the evidence Nos. 1 through 4 (including each serial number; hereinafter the same shall apply). C from January 1, 2001 to March 23, 2009.

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