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(영문) 광주지방법원 2015.11.27 2015가단32160
시효소멸로 인한 근저당권말소
Text

1. The defendant shall accept on April 6, 1996, the registration office of the Gwangju District Court with respect to the land size of 139 square meters in Gwangjubuk-gu, Gwangju Metropolitan City.

Reasons

1. In full view of the reasoning of the judgment as to the cause of the claim, Gap evidence Nos. 1 and 2, the defendant leased 6 million won to Eul, the former owner of the 139m2 (hereinafter "the real estate in this case") in Gwangju North-gu, Gwangju, North-gu, about 1996, and completed the registration of establishment of a mortgage with the debtor D as to the real estate in this case on April 6, 1996. The plaintiff purchased the real estate in this case from D on April 21, 2003 and completed the registration of establishment of a mortgage on May 9, 2003. Accordingly, it is reasonable to deem that the ten years have elapsed since the date of the above establishment of a mortgage, and that the defendant's secured debt against Eul was extinguished by the prescription of the registration of establishment of a mortgage in this case as to the real estate in this case, which is the owner of the real estate in this case. Thus, the defendant has the obligation to cancel the registration of establishment of a mortgage in this case as to the real estate in this case.

2. According to the conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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