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(영문) 광주지방법원순천지원 2016.03.18 2015가단13571
근저당권설정등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion that the registration of the right to collateral security of this case has expired, and the defendant is obligated to cancel the registration of the right to collateral security.

2. According to the reasoning of the judgment below, Gap evidence No. 1, it is acknowledged that the registration of the right to collateral security in this case was completed on December 10, 201, and the fact that ten years have elapsed since the date of the registration of the right to collateral security in this case as of the date of the closing of argument in this case is apparent.

However, in full view of the statements in Eul evidence No. 1 and witness Eul's testimony, the defendant set 10,00,000 won as interest rate of 2% on December 10, 2001 to the Dong H (Death on May 14, 201) and 5 years from the due date ( December 10, 2006) and obtained a right to collateral security (right to collateral security) on the real estate outside of the land of this case as collateral, and thereafter, he paid 200,000 won interest on the above loan to the defendant until April 201, which was before death. According to the above facts of recognition, the statute of limitations on the defendant's right to collateral security against the deceased H was interrupted by H by April 1, 201. Thus, the plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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