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(영문) 부산지방법원동부지원 2019.06.04 2018가단7278
근저당권말소
Text

1. The defendant shall receive on November 26, 1992 from the plaintiff the Daegu District Court's unregistered office with respect to the land size of 2,284 square meters in Gu, Si, Gu, Si, Gu.

Reasons

1. The fact of recognition was completed on November 26, 1992 by the contract, the maximum debt amount of claim amount of KRW 99,500,000 on November 26, 1992, the debtor, the non-party E, and the non-party-mortgaged mortgage-holder, the registration of creation of a mortgage (hereinafter "registration of creation of a mortgage of this case") on the land of the Gu-U.S. District Court D 2,284 square meters (hereinafter "the real estate of this case"), which is owned by the plaintiff.

[Reasons for Recognition] Gap evidence 1

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion should be cancelled for the following reasons.

1) Non-party E asked the Plaintiff’s F to purchase the instant real estate from the Plaintiff’s son (“the Defendant would have to complete the establishment registration of the instant mortgage and purchase the instant real estate from the profits earned by selling the odor.” However, even if the Defendant completed the establishment registration of the instant collateral, Non-party E supplied the Defendant with the odor cost or obtained the Defendant from selling the smell cost. In other words, the Defendant and Non-party E did not agree to purchase the instant real estate from the Defendant’s working company. In short, the secured debt of the instant collateral security at the expiration of the prescription period falls under the “producer and the merchant” under Article 163 subparag. 6 of the Civil Act, which constitutes the remainder of the prescription period from the expiration of the prescription period, due to the lapse of the prescription period, as stipulated in Article 163 subparag. 6 of the Civil Act. 192.

B. From October 15, 1979 to December 31, 1994, the defendant operated the second refining and refining plant with Aluminium and sold Aluminium products, and the defendant sold Aluminium products.

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