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(영문) 의정부지방법원고양지원 2016.01.20 2015가단21502
근저당권말소등기
Text

1. The defendant is about the share of 14/30 out of 126 square meters prior to C in Pakistan to the plaintiff (appointed party) and the designated parties.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the portion of 14/30 of the share owned by the Plaintiff and the designated parties among the 126 square meters of the 126 square meters of the C B B prior to Pakistan-si, Janju-si, the Goyang-gu Seoul District Court, the Goyang-gu District Court, No. 7541, Mar. 18, 1995, causing maximum debt amount of 21

B. On May 26, 1999, D completed the supplementary registration of the transfer of the right to collateral security against the Defendant on May 25, 1999.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. On December 194, 1994, the Plaintiff: (a) borrowed gambling money from E; and (b) accordingly, completed the registration of establishment of a mortgage of this case on March 18, 1995; (c) the Plaintiff asserted that the registration of establishment of a mortgage of this case should be cancelled since it is null and void as an anti-social juristic act.

The evidence evidence Nos. 3 and 4 is insufficient to acknowledge it, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.

B. (1) The plaintiff's claim for the completion of the extinctive prescription expired by the prescription, and the right to collateral security of this case also extinguished by the incidental nature. Since the plaintiff asserted that the establishment registration of collateral of this case should be cancelled by the right to collateral security of this case, in full view of the facts shown in this court, Gap evidence No. 1, Eul evidence No. 1, and the whole purport of pleadings, the defendant filed an application for the auction of F&F real estate deposit with the Ki Government High Court High Court on November 11, 2004, and the above court rendered a decision to commence the auction on November 23, 2004, and the defendant could have exercised the right to collateral security of this case.

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