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(영문) 창원지방법원 2019.11.07 2019가단105927
근저당권말소
Text

1. The defendant shall accept the Changwon District Court's Mayang Branch on March 3, 2005 with respect to 1,113.7 square meters in Changyang-si D Yangyang-si.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) concluded a credit guarantee agreement with C.C. and issued a credit guarantee statement as the management institution for farmers and fishermen. C. Based on the Plaintiff’s credit guarantee statement, on May 30, 200, 15,910,000 loans, and on May 30, 200, 200. July 21, 200, 15,000,000 loans, and 15,00,000,000, and 15,000,000,000, 30,000,000,000,000, 20,000,000,000,0000,000,000 1,000,000,000,000,000,0000,000,000 won, 15,005,000,00.

2) On March 3, 2005, C completed the registration of creation of a neighboring mortgage (hereinafter “registration of the instant collateral security”) with the Changwon District Court No. 7779 regarding the instant real estate as to the registration of creation of a mortgage, which covers the mortgagee as the Defendant and the maximum debt amount as KRW 40 million (hereinafter “instant registration”).

(i) [Facts without dispute over the grounds for recognition, entries in Gap evidence 1 and 2, the purport of the whole pleadings.

2. Determination

A. (1) The Plaintiff’s assertion is a registration made without a secured obligation. Even if there is a secured obligation, the ten-year extinctive prescription has expired. (2) The Defendant’s instant collateral registration is a security right to secure a claim, such as a loan lent to C on November 25, 2004 by the Defendant to C, and interest thereon.

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