logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.10.27 2017가단51176
근저당권말소
Text

1. As to the real estate stated in the separate sheet to the plaintiffs:

A. The Defendants received on August 19, 1992 from Jeju District Court.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by G. G was dead on April 4, 2010.

Plaintiff

A is the wife of G, and the plaintiffs B, C, and D succeeded to G as their children.

B. As to the instant real estate, the Jeju District Court received on August 19, 1992, No. 20098, the registration of creation of a mortgage with G debtor, the maximum debt amount of KRW 30 million, the mortgagee H (hereinafter “mortgage No. 1”) and I [hereinafter “mortgage No. 1”)], the defendant F [hereinafter “mortgage No. 1”) and J [hereinafter “mortgage No. 1”)], the registration of creation of a mortgage, the Jeju District Court received on December 11, 1996, No. 3657, G debtor, the mortgagee No. 60 million, the mortgagee of a mortgage, K, H, and J (hereinafter “mortgage No. 2”) with the maximum debt amount of KRW No. 3676, Feb. 11, 1997; and the debtor, the debtor, and the defendant No. 3700,000 won (hereinafter “mortgage No. 3626, Nov. 26, 1997”).

C. The first (ii) collateral mortgage was transferred to K on March 24, 1994, and was transferred to Defendant E on November 29, 2006.

H's 1 (1) collateral mortgage and J's 1 (4) collateral mortgage were transferred to Defendant E on November 29, 2006.

H, J, and K were transferred to Defendant E on November 29, 2006.

[In the absence of dispute, Gap 1 to 4]

2. The assertion and judgment

A. 1) The Plaintiffs’ assertion G satisfied the Defendants with the full amount of the secured obligation of each of the above secured claims. Even if that is not so, the extinctive prescription is completed unless the claims are exercised for ten years (Article 162(1) of the Civil Act, and ten years have passed since the establishment registration of each of the instant real estate was completed, the secured claim expired by prescription.

Therefore, the Defendants registered the establishment of each of the instant real estates in the names of the Defendants to the Plaintiffs.

arrow