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(영문) 서울중앙지방법원 2020.07.17 2020가단5049474
승낙의 의사표시 청구
Text

1. On November 22, 2006, the Defendant registered the Seoul Northern District Court with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 22, 2006, the Plaintiff completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with the debtor, mortgagee B, and the maximum debt amount of KRW 70,000,000, with respect to the real estate indicated in the attached list as the Seoul Northern District Court’s registry No. 115343, Nov. 2, 2006.

B. The Defendant’s foregoing on January 31, 2013

The seizure of claims secured by the right to collateral security stated in the claim is completed.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, purport of pleading

2. In full view of the purport of the argument in Gap evidence No. 2, the plaintiff, while running the book sales business and securing the book payment arising from the supply of books from Eul, can be acknowledged that the plaintiff completed the registration of establishment of the collateral of this case to secure the book payment. The plaintiff, around 2009, discharged all the secured obligations of the collateral of this case to Eul. Thus, since the secured obligation of the registration of establishment of the collateral of this case was extinguished by repayment or five years have already elapsed prior to the filing of the lawsuit of this case, it is apparent that the secured obligation of the registration of establishment of the collateral of this case was extinguished by the repayment, and the defendant, who is an interested party, is obligated to declare to the plaintiff the consent for the

3. The plaintiff's claim is accepted on the ground of the reasoning.

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