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1. The defendant shall receive on July 14, 2003 from the plaintiff the Gwangju District Court with respect to the farmland of 1679 square meters in Jeonnam-gun, Jeonnam-gun.
Reasons
1. Facts of recognition;
A. The Plaintiff is a creditor who has a claim for damages for delay in the amount of KRW 108,422,122 and 44,527,492 among them based on the judgment of the Gwangju District Court 201Kadan58607 claim against E.
B. E is insolvent at the time of the Plaintiff’s instant lawsuit.
C. On July 14, 2003, the registration of creation of the right to collateral security (hereinafter the instant right to collateral security) was completed, consisting of the mortgagee, the debtor, the maximum debt amount of which was 150,000,000, the mortgagee, the obligor, and the mortgagee of the right to collateral security (hereinafter the instant right to collateral security) completed, which was completed under No. 7767, which was completed on July 14,
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. Unless there are special circumstances, the instant right to collateral security has expired more than 16 years after the establishment of the right to collateral security, and thus, the Defendant, who is the right to collateral security, is obligated to cancel the registration of establishment of the instant right to collateral security upon the Plaintiff’s request by subrogation.
B. As to this, the Defendant asserted to the effect that extinctive prescription has been interrupted while E repaid part of the loan around February 2019, but there is no evidence to acknowledge this.
3. According to the conclusion, the plaintiff's claim of this case is accepted for reasons.