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(영문) 창원지방법원거창지원 2015.11.03 2015가단330
근저당권말소
Text

1. The Defendants shall provide the Nonparty H with the respective real estate indicated in the separate sheet, such as support for the establishment of a district court of Changwon.

Reasons

1. Basic facts

A. The Plaintiff’s claim amount against Nonparty H is the amount calculated by the rate of 19% per annum from November 3, 2004 to the date of full payment with respect to KRW 144,857,617 and KRW 62,146,258 among them as creditors with claim based on the payment order finalized by the Seoul Central District Court case No. 2014,38971.

B. Meanwhile, with respect to each real estate listed in the separate sheet to Defendant A, B, C, and Nonparty I (hereinafter “each of the instant real estate”), H is the registration of creation of each of the instant collective security interests (hereinafter “registration of creation of each of the instant collective security interests”) with the Changwon District Court No. 1158, Jul. 31, 1985, which was received on July 31, 1985, whose maximum debt amount is KRW 46,00,000,000.

(c) AD, E, F, and G have died on January 22, 2012 and succeeded to the property of Defendant D, E, F, and G. The grounds for recognition are 【Defendant D, E, F, and G based on recognition】 Defendant D, E, F, and G without any dispute, Gap evidence Nos. 1 and 2 (including each number), and the purport of the entire pleadings.

2. Determination

A. The establishment date of each of the instant secured claims is as seen earlier on July 31, 1985. Since it is apparent that the ten-year extinctive prescription period has already elapsed from the establishment date of the instant secured claims at the time of the instant lawsuit, the secured claim of each of the instant secured claims had already expired prior to the instant lawsuit.

In addition, H's insolvency is ratified in light of the fact that H has been unable not only to pay the secured debt of each of the instant collateral against the Defendants, but also to pay the Plaintiff a debt.

Therefore, barring any special circumstance, the Plaintiff, a creditor of H, can seek cancellation of the registration of each of the instant collateral security in subrogation of H, a debtor of insolvent.

B. As to this, Defendant D, E, F, and G “H will repay the borrowed debt, which is the underlying debt of each of the instant collateral security interests, over several times.”

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