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(영문) 대구지방법원서부지원 2017.05.10 2016가단60437
근저당권말소
Text

1. The defendant, on February 2, 200, has jurisdiction over the 280 square meters of the Gyeong-gun, Sung-gun, Sung-do Branch of the Daegu District Court in relation to the 280 square meters of the Gyeong-do.

Reasons

1. Indication of claim;

A. On April 13, 2013, the Plaintiff filed a lawsuit against B on the claim for acquisition amount as Seoul Eastern District Court Decision 2013Gaso21695, and became final and conclusive upon judgment in favor of the Plaintiff.

B. On February 11, 200, B entered into a mortgage agreement with the Defendant with respect to the land size of 280 square meters (hereinafter “the instant real estate”) owned by the Sung-gun, Sung-do, Sung-do, Sung-do. The registration of establishment of a neighboring mortgage was completed on February 12, 2000 by the Sung-gu District Court Branch Branch of Seo-gu District Court No. 1472 as the obligor B and the mortgagee as the Defendant.

(hereinafter “instant collateral security”). C.

The Defendant’s claim against B, which is the secured claim of the instant right to collateral security, had already ceased to exist after the lapse of ten years from the date of establishment of the instant right to collateral security before the instant lawsuit, and the instant right to collateral security had also ceased to exist due to the appendability of the right to collateral security.

Accordingly, the Plaintiff, as a creditor of B in excess of its obligation, seeks the Defendant to implement the registration procedure for cancellation of the establishment registration of the instant neighboring mortgage in subrogation of B in order to preserve the Plaintiff’s claim.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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