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(영문) 제주지방법원 2015.12.01 2015가단12528
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the land of this case on the Jeju-si B cemetery 41 square meters (hereinafter “instant land”), a future mutual savings bank, Inc. (hereinafter “instant land”), on November 27, 2003, completed the registration of creation of the right to collateral security (hereinafter “instant collateral security”) as stated in the purport of the claim, which is the Plaintiff, the Plaintiff, the Plaintiff, and the future mutual savings bank, the mortgagee, and the right to collateral security (hereinafter “instant right to collateral security”).

B. The Plaintiff was declared bankrupt on June 15, 2009 and was granted immunity on September 16, 2009 by Jeju District Court No. 2009Hadan180, 2009Da180, and became final and conclusive on October 1, 2009.

On the other hand, the list of creditors of the above bankruptcy and exemption cases contains obligations against future mutual savings banks of the company.

C. On September 30, 2010, the future mutual savings bank, Inc., changed its trade name to the future savings bank, a stock company, and on April 30, 2013, which became a bankruptcy trustee.

(hereinafter the above bank is referred to as the “BS Savings Bank”). / [Grounds for recognition] without dispute, entry in Gap evidence Nos. 1 through 4, the purport of the whole pleadings.

2. The Plaintiff’s debt owed to the Plaintiff’s future savings bank was fully exempted, and the debt secured by the instant collateral has ceased to exist beyond the ten-year extinctive prescription period, and the establishment registration of the instant mortgage should be cancelled.

3. Determination

A. As to the assertion of extinctive prescription, comprehensively taking account of the following: (a) on December 18, 200, the future savings bank entered into a loan transaction agreement with the Plaintiff on December 18, 200, and repeated repayment and new loans; and (b) on November 28, 2003, the instant collateral security was established as a comprehensive collateral for the Plaintiff’s loans; (c) the future savings bank filed a lawsuit against the Plaintiff seeking loans against the Plaintiff at Jeju District Court 2006Kadan5771; and (d) on April 18, 2006, the said court filed a lawsuit claiming loans against the Plaintiff at the Jeju District Court 2006Kadan571, and (e) on April 18, 2006.

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