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(영문) 대구지방법원포항지원 2015.06.09 2015가단1473
근저당권말소
Text

1. The defendant on May 30, 200, as to each real estate stated in the separate sheet to the plaintiff, the Daegu District Court Branch Branch of Port on each of the real estate stated in the separate sheet.

Reasons

1. The registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of this case”) was completed with respect to each real estate listed in the separate sheet of the Plaintiff’s assertion (hereinafter “each real estate of this case”) by the Daegu District Court Branching Branching the Daegu District Court on May 30, 2000, under the Act No. 35902, the maximum debt amount of which was KRW 30,000,000, and the registration of establishment of a mortgage of the Defendant (hereinafter “registration of establishment of a mortgage of this case”). The fact is that even if the Plaintiff has already paid the Defendant the full debt of which was already paid to the Defendant, or the obligation against the Defendant was owed

2. According to the statement in Gap evidence No. 1, it can be acknowledged that the establishment registration of the mortgage of this case was completed, as alleged by the plaintiff, on each real estate of this case, and since it is apparent that ten years have passed since the date of the establishment registration of the mortgage of this case, the secured debt of the above right to collateral security expired by prescription, barring any special circumstance.

As long as the secured obligation has been extinguished, the collateral security established to secure it also has expired.

Therefore, the Defendant, as the owner of each real estate of this case, is obligated to implement the procedure for cancellation registration of the mortgage registration of this case.

(1) The court below held that the plaintiff's claim is reasonable and acceptable, and it is so decided as per Disposition by the assent of all participating Justices on the bench, since the court below held that the secured debt of this case was extinguished by prescription as seen earlier.

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