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(영문) 서울중앙지방법원 2015.09.23 2013가단232921
근저당권설정등기 말소
Text

1. The defendant received on July 4, 200 from the registry office of the Seoul Central District Court on the real estate stated in the attached list from the plaintiff.

Reasons

In full view of the purport of the argument in Gap evidence No. 1, as a whole, ① the registration of the Seoul Central District Court’s registry office of July 4, 200, was completed on June 28, 200 by the debtor, mortgagee B (D) and the maximum debt amount of KRW 10,000,000 on the real estate indicated in the separate sheet owned by the plaintiff as the administrator of the inherited property of the deceased on April 14, 2015.

In light of the fact that about 15 years have passed since the completion of the registration of creation of a neighboring mortgage of this case, and there is no evidence to acknowledge that the deceased filed a lawsuit, preservative measure, or compulsory execution against the plaintiff as to the secured debt of the right to collateral security, it is reasonable to deem that the secured debt of the right to collateral security has expired due to the completion of the prescription.

Therefore, the defendant is obligated to execute the procedure for cancellation registration of the registration of the establishment of a neighboring mortgage of this case to the plaintiff, and the plaintiff's claim is justified.

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