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(영문) 서울남부지방법원 2020.06.12 2019가단23880
근저당권설정등기말소이행
Text

1. The defendant shall accept the plaintiffs on October 21, 1981 with respect to the size of 306 square meters in Gangseo-gu Seoul Metropolitan Government D, Gangseo-gu District Court.

Reasons

1. On December 29, 2014, the Plaintiffs purchased from Gangseo-gu Seoul Metropolitan Government D large 306 square meters (hereinafter “instant real estate”) from E, and completed the registration of ownership transfer on the 30th of the same month.

With respect to the instant real estate on October 21, 1981, the establishment registration of mortgage (hereinafter “mortgage”) was completed in the future against the Defendant, on the ground of the contract to establish a mortgage on October 13, 1981, the maximum debt amount of KRW 7 million and the debtor F.

On December 13, 2004, the defendant completed the registration of dissolution under Article 520-2 (1) of the Commercial Act, and completed the liquidation on December 2, 2007.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2

2. According to the above facts of recognition, since it is apparent that the secured debt of the instant right to collateral security has expired after the expiration of 10 years of extinctive prescription, the instant right to collateral security also ceased to exist due to its appendant nature.

Thus, the defendant is obligated to implement the procedure for cancellation registration of the mortgage of this case on the ground that the period of extinctive prescription of the secured debt has expired to the plaintiffs who are the owners of the real estate

3. According to the conclusion, the plaintiffs' claims shall be accepted on the grounds of their reasoning, and it is so decided as per Disposition.

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