logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2016.06.01 2015가단6353
근저당권말소
Text

1. The Plaintiff:

A. As to the real estate indicated in the separate sheet, Defendant Korea-Japan Advertising Co., Ltd.

Reasons

1. Basic facts

A. Each real estate listed in paragraphs 1 and 2 of the attached list is owned by the Plaintiff, and the real estate listed in Paragraph 3 of the attached list was owned by A, while A died on November 2, 2015, and the Plaintiff, the wife of A, solely inherited the real estate by agreement division.

B. The receipt of January 7, 1995 No. 407 of Chuncheon District Court's Gangnam Branch on each real property listed in the separate sheet

1.6. The establishment registration of a neighboring mortgage (hereinafter “the establishment registration of a neighboring mortgage of this case”) was completed on the ground of a contract establishing a right to collateral security (hereinafter “the establishment registration of a neighboring mortgage of this case”) which was established as a maximum debt amount of KRW 59,900,000, the debtor A and the defendant of the right to collateral security (hereinafter “Defendant's advertisement”).

C. On May 28, 1996, Defendant C received the ruling of provisional attachment as the Gangnam branch court of Chuncheon District Court 96tadan1761, and the same year.

6.5. The registration of provisional seizure of collateral security claims was completed on the basis of the provisional seizure decision regarding the registration of the establishment of collateral security claims which was completed on the real estate listed in the separate list Nos. 1 and 2.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, unless there are special circumstances, the statute of limitations has expired since 10 years from January 6, 1995, which was the date of occurrence of the collateral obligation of this case, as the collateral obligation of this case was expired, barring any special circumstances. Thus, Defendant Korea-Japan Advertising is obligated to cancel the registration of establishment of the mortgage of this case, which was the owner of each real estate of this case, to the Plaintiff, who

[Plaintiff asserted that the entire obligation of the instant collateral security was repaid on around 1997, and as to this, Defendant Korea's advertisement did not reply despite being served with a copy of the complaint. In this regard, it is deemed that the Plaintiff led to the confession of the Plaintiff's assertion. In addition, the establishment registration of the instant collateral security should be cancelled. In addition, if a claim of the instant collateral security is seized, it shall be done by means of additional registration in the establishment registration of the instant mortgage.

arrow