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(영문) 서울북부지방법원 2019.06.25 2018가단148310
근저당권말소
Text

1. The Defendants are Daegu District Court with respect to each of 1/2 shares out of 51,904 square meters of forests and fields D in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. According to the purport of the Plaintiff’s written evidence No. 1 and the entire pleadings, the Plaintiff borrowed money from the Plaintiff as collateral and completed the registration of creation of mortgage (hereinafter “registration of creation of mortgage”) around the Daegu District Court’s military registry office as of March 13, 2002, which was received on March 15, 2002, pursuant to the collateral security agreement as of March 15, 2002, as to the Plaintiff’s 51,904§³ (hereinafter “the instant forest”) owned by the Plaintiff, Gyeong-gun-gun, Chungcheongnam-gun, the Plaintiff, the maximum debt amount, and the maximum debt amount, KRW 60,00,000,000, which was owned by the Plaintiff. The Plaintiff may recognize the facts inherited by the Defendants on November 2, 2017, by inheritance of the Defendant and the Defendants (the Defendants) on July 3, 2018.

2. Determination

A. 1) The Plaintiff’s assertion that the procedures for registration of cancellation of the registration of the establishment of a nearby mortgage were met 1) In light of the statement of evidence No. 1, it is insufficient to recognize that the Plaintiff’s claim was extinguished due to the Plaintiff’s repayment of the loan debt due to the repayment of the loan debt due to the repayment of the loan loan debt or the completion of extinctive prescription. 2) In light of the record of evidence No. 1, the Plaintiff’s claim against the Defendants who succeeded to E on the ground that the Plaintiff’s loan debt due to the repayment of the loan loan debt due to the repayment of the loan loan debt due to the repayment of the loan loan loan debt due to the repayment of the loan loan loan loan loan debt

According to the above facts and the statement in Eul evidence No. 3 as to the extinction of the borrowed loan obligation following the expiration of the extinctive prescription period, it can be recognized that Eul's loan obligation against the plaintiff, which is the secured debt of the establishment registration of the neighboring mortgage of this case, was established on March 13, 2002 and October 11, 2002, and that the repayment period of the borrowed loan obligation of KRW 20 million on October 11, 2002 is March 31, 2003. Thus, the plaintiff's loan obligation against Eul, which is the secured debt of this case's floating mortgage of this case, was expired from March 31, 2003 when the repayment period has expired.

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