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(영문) 춘천지방법원속초지원 2016.02.02 2015가단301252
근저당권말소
Text

1. The defendant on July 18, 1996 to the plaintiffs on the real estate stated in the separate list of the Chuncheon District Court Yangyang Registry.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1, 2, and 3 (including paper numbers; hereinafter the same shall apply) and the whole purport of the pleadings:

On July 18, 1996, the Defendant completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) based on the debtor F, the maximum debt amount of 70,000,000 won, and the defendant as the mortgagee of the right to collateral security (hereinafter “instant right to collateral security”) on each of the real estates listed in the attached list (hereinafter “each of the instant real estates”).

B. The secured obligation of the instant right to collateral security was that “the Defendant lent F the amount of KRW 70,000,000 on July 18, 1996 to F with the due date set on July 17, 1997.”

C. Since then, G completed the registration of ownership transfer as of February 17, 1997 with respect to each of the instant real estate by the Yangyang Registry No. 1047.

The Plaintiffs are the successors of the deceased F, the debtor of the instant right to collateral security.

2. The defendant's defense of this case cannot be viewed as an interested party on the registry that has a direct legal interest with respect to the right to collateral security of this case. Thus, the defendant defense that the plaintiffs had no standing to file the lawsuit of this case. However, the plaintiffs are the successors of the deceased F, the debtor of the right to collateral security of this case, and the standing to file the lawsuit of this case is recognized.

Therefore, the defendant's defense is without merit.

3. According to the facts of the judgment on the merits, the secured debt of the instant right to collateral security has expired on September 17, 2007 after the lapse of ten years from July 17, 1997, the due date for payment of the debt.

I would like to say.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the registration of the establishment of the right to collateral security in this case on the ground that the period of prescription expires.

(Append) 4. Conclusion, the plaintiffs' claim.

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