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(영문) 대구지방법원 포항지원 2018.05.29 2017가단105218
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On April 7, 2004, the Plaintiff: (a) was the assignee-creditor of B; (b) on the real estate listed in the separate sheet on April 7, 2004, the Defendant created the right to collateral security (hereinafter “the right to collateral security”) (hereinafter “the right to collateral security”) against B, the maximum debt amount of which was 20,000,000; and (c) the right to collateral security expired ten years after April 7, 2004; and (d) accordingly, the Defendant should cancel the instant right to collateral security upon the Plaintiff’s subrogation claim.

According to the records in Eul, Eul's evidence Nos. 1 through 3, and the whole purport of this court's order to provide financial transaction information to the National Bank of Korea on January 26, 2018 and the whole purport of pleadings, the secured obligation of this case is the obligation of KRW 20,000,000 on the loan certificate issued by the defendant on December 24, 2001, Eul paid interest on the above loan to the defendant until December 28, 2006, and Eul paid the defendant on April 2, 2015.

Therefore, the extinctive prescription of the above loan obligation was interrupted by the approval of the payment of interest on December 28, 2006, and was re-explosed by the approval of April 2, 2015, before ten years passed since the loan was re-explosed by the approval of the drawing up of the loan certificate. Thus, the above loan obligation was not yet extinguished by the extinctive prescription, and the Plaintiff’s above assertion based on the expiration of the prescription period is rejected.

Thus, the plaintiff's claim of this case is dismissed for reasons.

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