(영문) 서울고등법원 2018.02.09 2017나2057418

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Reasons

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(영문) 서울고등법원 2018.02.09 2017나2057418

근저당권말소

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1. The plaintiff's primary claim that was changed in exchange in this court and the plaintiff's preliminary claim that was added in this court.

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against K for the claim of indemnity with Seoul Central District Court 2008Da289787, and on October 9, 2008, the above court rendered a judgment of 19% per annum from February 7, 1992 to February 29, 1992; 21% per annum from the next day to February 28, 1993; 20% per annum from the next day to July 31, 1993; 17% per annum from the next day to July 31, 1993; 20% per annum from the next day to August 31, 1998; and 20% per annum from the next day to August 21, 2008; and 18% per annum from the next day to 20% per annum."

B. K is the owner of each of the instant real property, and K completed the registration of establishment of a mortgage in the vicinity of Suwon District Court No. 34069, August 29, 191, received on August 29, 1991; the maximum debt amount of KRW 100,000; the debtor K, and the mortgagee M.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”) C.

M was deceased on April 1, 2003 (hereinafter referred to as the “the deceased”), and his heir has the wife H and children I, J and Defendant (Appointed Party).

[Ground of recognition] Facts without dispute, Gap 1, 2, and 5 (including branch numbers in case of additional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. The secured claim for the registration of the establishment of the principal claim of this case is limited to KRW 30,00,000, even if there was no existence or existence from the beginning, and the period of the five-year extinctive prescription has already expired as a commercial bond.

Therefore, the Plaintiff, as K’s creditor, asks K to implement the registration procedure for cancellation of the registration of the establishment of the establishment of the neighboring mortgage of this case against the Defendant (Appointed Party) and the designated parties, who are the deceased’s successors on behalf of K.

B. Preliminary assertion, the secured claim of the registration of the establishment of a new mortgage of the instant case is a commercial claim.

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