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(영문) 대구지방법원 2016.11.08 2016가단926 (1)
근저당권말소등
Text

1. The defendant shall receive on November 19, 199, the Daegu District Court, within the Daegu District Court, as to the land size of 28165 square meters in Ansan-si, Dong-si, the plaintiff.

Reasons

1. Facts of recognition;

A. On January 17, 2013, the Plaintiff purchased real estate listed in the Disposition No. 1 (hereinafter “instant real estate”) from Nonparty D and completed the registration of ownership transfer in its name.

B. On November 18, 1999, the Defendant lent the money to Nonparty E without setting the due date for reimbursement. To secure this, the Defendant obtained the registration of creation of a mortgage on the instant real property as set forth in the text of Paragraph (1) of the Disposition No. 1 of this case from the obligor E, the mortgagee, the Defendant, and the maximum debt amount. In order to prevent the establishment of a mortgage on the instant real property, the right to use the real property later is established, or a building or a structure is constructed, from lowering the value of the collateral.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. The prescription period is calculated from the time when the claim has not been due for the determination of the claim. It is clear that the defendant's period of extinctive prescription of the above loan credit against E begins from the time when the right to collateral security was established on November 18, 199, and 10 years have passed thereafter.

Therefore, barring any special circumstance, the above loan claim, which is the secured debt of the above right to collateral security, has expired by prescription, and accordingly, the registration of the establishment of the above right to collateral security and the registration of the establishment of superficies was extinguished in conjunction with the secured debt. Therefore, the defendant is obligated to implement the registration of the establishment of the above right to collateral security and the registration

3. The plaintiff's claim for conclusion is reasonable, and the costs of lawsuit are assessed at each party's own expense, taking into account all the circumstances revealed in the pleading.

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