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(영문) 광주지방법원 2015.06.11 2014가단530377
근저당권말소
Text

1.(a)

Defendant A shall be the head of the Gwangju District Court's registry office on April 20, 1994 with respect to the area of 45,124 square meters of forest C in Jeonsung-gun, Jeonsung-gun.

Reasons

C loaned KRW 3,00,000 from the Gwangju Bank on October 11, 2001, extended the loans to KRW 1,000,000 on April 22, 2002, extended the loans to KRW 1,000,000 on January 27, 2003, and borrowed KRW 5,00,000 by increasing the loans again on January 27, 2003, and the Bank of Gwangju transferred the above loans to the Plaintiff on May 28, 2010. On September 10, 201, the first credit was transferred to the Plaintiff on September 10, 201. The notification of each assignment was made between the Plaintiff and the Defendant on April 20, 194, and the establishment of superficies between the Plaintiff and the Defendant on April 20, 205, and the establishment of superficies and the establishment of the entire collateral agreement between the Plaintiff and the Defendant on May 1, 2016.

However, since it is apparent that 10 years have elapsed since the establishment date of the right to collateral security and superficies under the name of the defendants, the secured debt of the above right to collateral security has expired after the lapse of the ten-year statute of limitations.

As such, the Defendants have the duty to cancel C’s registration of collateral security and creation of superficies.

Therefore, the plaintiff's claim subrogated to C shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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