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(영문) 창원지방법원 2020.05.29 2020가단104661
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff is a creditor who was transferred credit card bonds against the non-party B of the former C Card (former D Card), and the fact that the defendant completed the registration of the establishment of a neighboring mortgage as stated in the claim against the non-party B's share of B-7 of the real estate stated in the attached list is not a dispute between the parties

Although the Plaintiff sought cancellation of the Defendant’s right to collateral security on the ground that the extinctive prescription of the Defendant’s right to collateral security has expired, the Defendant filed a lawsuit against B for a loan claim and won the judgment in favor of the Defendant on October 14, 2015 in this court. According to the evidence No. 1, the Defendant appears to have continuously received money from B as interest. Thus, it cannot be readily concluded that the extinctive prescription of the instant right to collateral security has expired.

Thus, the plaintiff's claim is dismissed as it is without merit.

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