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(영문) 광주지방법원순천지원 2019.09.25 2019가단71957
근저당권말소
Text

1. As to the Plaintiff: (a) 34,215 square meters of forest land D in Mineyang-si:

A. Defendant B is the Gwangju District Court’s Mayang Branch Office.

Reasons

1. Facts of recognition;

A. On February 1, 1993, E entered into a mortgage agreement with Defendant B on KRW 25,00,000 with respect to the land of this case (hereinafter “instant land”) with respect to KRW 34,215 square meters of D forest land in Gwangju-si, Gwangju-si, and completed the registration of creation of a mortgage in the name of the said Defendant (hereinafter “the registration of creation of a mortgage”) under the No. 1608, Feb. 2, 1993, the Gwangju-do District Court (hereinafter “the registration of creation of a mortgage in the name of the said Defendant”).

B. On April 24, 1998, E entered into a mortgage agreement with Defendant C on the instant land with the maximum debt amount of KRW 30,000,000,000, and completed the registration of establishment of a neighboring mortgage in the name of the said Defendant (hereinafter “the establishment of a second neighboring mortgage”) on April 25, 1998 as the Mineyang Registry for the Gwangju District Court was received on April 25, 1998.

C. On September 25, 2017, E died on September 25, 2017, and the Plaintiff, F, G, and H jointly inherited the deceased’s property.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the facts of the above recognition, following the extinction of the right to collateral security by the Defendant B from February 1, 1993 to February 1, 2003, which was the date of establishing the right to collateral security, as the right to collateral security expires by the prescription on February 1, 2003, the date of establishing the right to collateral security, the Defendant C’s right to collateral security extinguished by the statute of limitations on April 24, 1998, which was ten years after April 24, 2008, respectively.

On the other hand, since the plaintiff is one of co-inheritors of the land of this case, the plaintiff has the right to seek cancellation of each of the above collateral security in the name of the defendants as preservation of the land of this case.

Therefore, Defendant B is obligated to implement the registration procedure for the registration of the establishment of the first place of establishment, and Defendant C is obligated to implement the registration procedure for the cancellation of the second place of establishment.

3. The plaintiff's claim against the defendants is justified, and all of them are accepted.

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