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(영문) 전주지방법원군산지원 2019.05.28 2018가단485
근저당권말소
Text

1. As to the portion of 303/443 square meters out of 130 square meters in Ysan-si, the Defendant (Appointed Party) and the designated parties.

Reasons

1. Basic facts

A. The Plaintiff owns a share of 303/443 out of the land in the instant case, “130 square meters or less in Ysan-si.”

B. In order to secure the performance of the obligation to the deceased E, the Plaintiff, his father, completed the registration of creation of a neighboring mortgage with respect to the portion of the Plaintiff’s share 303/443 out of the instant land to the deceased E, under the Jeonju District Court No. 24934, Dec. 28, 1990, as the receipt of the maximum debt amount of KRW 16 million, the debtor D, and the mortgagee E.

The registration of the establishment of a mortgage of this case is "the establishment of a mortgage of this case" and the "mortgage of this case" is "the right to collateral security."

c. The network E died on October 21, 1991. Around October 21, 1991, the deceased 3/17 of the network F, the Defendant (Appointed Party) and the designated parties, G, and H inherited the network E’s property at the ratio of 2/17 of each of 2/17. Thereafter, the networkF also died on April 1, 2005. The Defendant (Appointed Party) and the designated parties, G, and H inherited the network F’s property at the ratio of 1/7 of each of 1/7. Accordingly, the Defendant (Appointed Party) and the designated parties, G, and H’s final inheritance shares are 1/7 shares, respectively. [In the absence of dispute over the grounds for recognition, the entry in the evidence No. 1, the purport of the entire pleadings, and the purport of all pleadings.

2. According to the assertion and the above facts of determination, the extinctive prescription period of the secured debt of the deceased E’s instant right to collateral security is ten years, and the secured debt of the instant right to collateral security could have been exercised from December 28, 190, when the establishment registration of the instant right to collateral security was completed, at least the time of the establishment registration of the instant right to collateral security, barring any special circumstance, and it is apparent that ten years have passed thereafter.

(1) The instant lawsuit also became final and conclusive on December 28, 200, before the instant lawsuit was filed, on January 23, 2018, when ten years have passed since the completion of the registration of the establishment of the mortgage of this case. Ultimately, the instant collateral security was also extinguished upon the completion of prescription on December 28, 200, which was the date of the instant lawsuit.

Therefore, it is part of the deceased E's successors.

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