Title
Cancellation of Mortgage
Summary
Since all of the secured claims of the instant right to collateral security have expired after the ten-year extinctive prescription, the Defendants are obligated to cancel the registration of creation of each collateral security, and the Defendant Republic of Korea is obligated to express his/her consent.
Related statutes
Article 187 of the Civil Act
Cases
Cheongju District Court Cheongju District Court-2016-Ban-22854
Plaintiff
Seoul Guarantee Insurance Co.
Defendant
Republic of Korea and 2
CCC is obligated to cancel the registration of each establishment of a mortgage listed in Section 1. d. above.
1. The defendant's Republic of Korea who has completed the additional registration of seizure with respect to the registration of creation of neighboring mortgage mentioned in paragraph (3);
the registration of cancellation of the registration of the establishment of a neighboring mortgage mentioned in paragraph (1) (c) above, shall make an expression of consent.
The plaintiff is liable to the defendants in subrogation of BB, DD, EE, which is insolvent.
may demand the performance of each of the above obligations.
3. Conclusion
Thus, the plaintiff's claim against the defendants is justified and it is ordered to accept it.
The decision shall be rendered as above.
Judges
Conclusion of Pleadings
on 04 05 October 2017
Imposition of Judgment
on April 19, 2016
1. Facts of recognition;
A. Seoul, in which the Plaintiff filed a lawsuit claiming the payment of indemnity against the deceased AA and the commercial parties of the company
AA and corporation, filed with the District Court on July 7, 200, 200, 200 Ghana****
The plaintiff shall be jointly and severally liable to pay to the plaintiff KRW 7,228,667 and damages for delay in KRW 3,907,911.
A. After the judgment was rendered to the effect that AA died on August 10, 2004, the Plaintiff
claim for payment of the amount of indemnity against BB, DD, or EE, the inheritor.
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filed with the original district court on September 9, 2010, as the above court No. 2010 Ghana34852, BB
3,098,00 won and 1,674,819 won among them shall be 19% per annum from August 23, 1999 to the date of full payment.
amounts, DD and EE calculated at the rate of 2,065,33 respectively, and 1,16,546 won among them
the order to pay 19% interest per annum from August 23, 1999 to the day of full payment.
The above judgment was pronounced, and it became final and conclusive as it is.
(b) the real estate listed in the Schedule was owned by AA and upon the death of AA;
They were succeeded to DD and EE.
C. Defendant GG industry, Co., Ltd., on May 11, 1990, on real estate listed in the separate sheet
Along with the conclusion of a contract to establish a collateral security and subsequent agreement, the Cheongju District Court of Cheongju District on May 12, 1990
On December 6, 1993, the defendant completed the registration of creation of a neighboring mortgage which was completed in several number by No. 8756, and the above right to collateral security was registered by the defendant.
The transfer to Japan was made on September 12, 1994 to Defendant GG industry, Inc.;
On September 3, 2015, Defendant Republic of Korea pressures on September 3, 2015, the secured debt of the right to collateral security following the registration of the establishment
Category 6: Attachment on September 6, 2015, No. 29011, concerning the registration of the establishment of a mortgage near the above registry
The supplementary registration was completed.
D. Defendant CCC shall be entitled to collateral security regarding real estate stated in AA and the attached list on December 1, 1993.
The contract to establish a mortgage is concluded, and accordingly the above registry office received on December 6, 1993, No. 18479.
The registration is completed.
(e) BB, DD, EE is currently insolvent;
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination as to the cause of action
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According to the above facts, the secured claim of the right to collateral security following the establishment registration of each of the above units shall be mother.
Since the ten-year extinctive prescription has expired, the action against the immovables listed in the separate sheet shall be brought up.
In respect of BB, DD, EE, Defendant GG industry, as described in paragraph (c) of Article 1.;