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1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall have the Goyang District Court senior registry office.
Reasons
1. On April 25, 1995, in order for the Plaintiff to secure the Defendant’s obligation for the unpaid loan, loan, etc. (hereinafter “the loan, etc. of this case”), the fact that on April 25, 1995, the Plaintiff completed the registration of the establishment of neighboring collective security (hereinafter “the instant collective security”) by setting the maximum debt amount as KRW 10 million with respect to the real estate indicated in the attached list owned by the Plaintiff to the Defendant, under Article 42164, which was accepted by the Goyang-gu District Court, which received the Goyang Branch Branch Branch Office (hereinafter “instant collective security”), is either not disputed between the parties, or may be acknowledged by taking into account
2. Judgment on the plaintiff's assertion
A. The Plaintiff asserted that the establishment registration of a mortgage of this case should be cancelled, but there is no evidence to acknowledge the above repayment. Thus, the Plaintiff’s assertion is without merit.
B. According to the facts acknowledged as above, the debt such as the loan in this case is a debt for which the maturity period has not been determined, and the fact that 10 years have passed since April 25, 1995, which was after the date when the debt was established, is apparent, and as such, the debt such as the loan in this case, which is the secured debt of the mortgage in this case, was extinguished by the expiration of the extinctive prescription.
Therefore, the defendant is obligated to implement the procedure for cancellation registration of the registration of the establishment of the neighboring mortgage of this case to the plaintiff.
3. If so, the plaintiff's claim of this case is justified.