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(영문) 대구지방법원 2017.05.10 2016가단116036
근저당권말소
Text

1. Nonparty C:

A. Defendant A Co., Ltd. shall be Daegu District Court as to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff has a claim against Nonparty C for the amount of KRW 969,301,70 with a security deposit claim against the primary debtor corporation D, as well as the amount of KRW 271,859,847 from June 21, 2011.

(G) Daegu District Court 201Kadan65126).(b)

C With respect to each of the real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”), the Daegu District Court Cheongdo Office No. 7609, May 23, 1997, issued a registration of the establishment of the right to collateral security with respect to D Co., Ltd., and the Defendant A Co., Ltd transferred the said right to collateral security on May 26, 1998.

C. In addition, with respect to each of the instant real estate, C was transferred on December 1, 2008 by the Daegu District Court, Cheongdo Office, Do Office, registry office, and 20528, which received on December 31, 1997, and Defendant B was transferred on December 1, 2008.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1 and 2, the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition, barring any special circumstance, the Defendants’ respective secured claims of the above secured claims of each of the above secured claims regarding each of the instant real estate owned C have expired due to the lapse of ten-year prescription. Thus, upon the Plaintiff’s subrogation claim as C’s creditor, the Defendants are obligated to cancel the registration of each of the secured claims to C.

B. On February 13, 2007 and March 9, 2007, Defendant B approved the debt by paying part of the secured debt to E, which was the transferor of the above secured debt, and thus, the statute of limitations was interrupted. Even if the interruption of the statute of limitations is not recognized, Defendant B consented to the transfer of the secured debt upon the transfer of the secured debt to Defendant B with the right to collateral security without reserving the objection that the statute of limitations has expired. Thus, Defendant B cannot set up against Defendant B.

However, each statement of Eul Nos. 1 to 9 (including each parcel number circulation) is alone, the existence of claims to E, the fact of partial repayment of claims to Eul and the defendant.

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