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(영문) 춘천지방법원원주지원 2016.04.27 2015가단3180
근저당권설정등기말소 등
Text

1. The Defendants are entitled to the Plaintiff on December 30, 1997, with respect to the 278m2 in Gangwon-do E-si, Gangwon-do.

Reasons

1. Facts of recognition;

A. F is money to the Plaintiff on December 30, 1997. However, the amount of principal of the instant claim is not clear.

After leasing B, the said money as the secured claim (hereinafter “the secured claim in this case”) was completed the registration of the establishment of a neighboring mortgage and the creation of superficies (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed land”) on the obligor, Plaintiff, and the maximum debt amount of KRW 2.30 million on the ground that the said land was owned by the Plaintiff, and the building on the ground and the above ground and 1009 square meters prior to H, which were owned by the Plaintiff, as the obligor, and the maximum debt amount of KRW 2.3 million on the ground that the said land was registered.

B. After that, on February 16, 1998, F applied for the auction of the real estate in this case to the court I, and the auction of each of the above real estate was commenced. In the distribution procedure of the above auction, F received dividends of KRW 93,111,465 to the second creditor, and the above auction procedure was terminated on December 23, 1998.

C. Meanwhile, the F (hereinafter “the deceased”) died on July 12, 2003, and the Defendant C and D, the wife of the deceased, succeeded to the deceased.

(Ground for recognition: Facts without dispute, entries in Gap evidence 1 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination:

A. According to the facts of the judgment as to the plaintiff's cause of claim, the secured claim of the right to collateral security of this case was finalized around February 16, 1998 by the time the deceased filed an application for auction concerning the real estate of this case. It shall be deemed that the extinctive prescription expired on or after December 23, 1998 after the completion of the above auction procedure, and ten years thereafter on or after December 23, 2008.

On the other hand, as the secured claim of this case became final and conclusive, the secured claim of this case is treated as the same as the ordinary mortgage because the secured claim of this case becomes final and conclusive, so the secured claim of this case also becomes final and conclusive upon the extinction of prescription.

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