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(영문) 의정부지방법원 2017.12.08 2016가단806
근저당권말소
Text

1. The defendant on July 7, 2006, as to the real estate stated in the attached list in the plaintiff's attached list, the Dong Government District Court's registry office of the district court.

Reasons

1. Basic facts

A. On July 7, 2006, the Plaintiff completed the registration of establishment of a collateral security (hereinafter “registration of the instant mortgage”) of the contract concluded on June 30, 2006, under Article 64264 with the Government Registry of the District Court, which was received by the Government Registry of the District Court, as the maximum debt amount of KRW 70,000,000,000, the debtor C (the father of the Plaintiff), the mortgagee D, and the grounds for registration.

B. On October 12, 2007, the above D transferred to E (the father of the defendant) a claim for the price of goods and the right to collateral security of this case to E, and on the same day, he completed supplementary registration of the registration of the right to collateral security of this case on the ground of the transfer of confirmed claim in the future.

C. Upon the death of the above E on May 25, 201, the Defendant, the inheritor of the above E, completed the supplementary registration of the instant collateral security registration on November 5, 2015 due to inheritance by consultation and division.

[Recognition] Facts without dispute, Gap evidence No. 2, Eul evidence No. 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Plaintiff’s assertion 1) The principal of the secured debt was KRW 50,00,00 at the time of establishing the instant right to collateral, and the Plaintiff paid KRW 70,060,000,00,00 to the obligor on behalf of the obligor C from July 13, 2006 to February 8, 2013, with the principal and interest of the secured debt in excess of KRW 70,00,00,00 as the principal and interest of the instant secured debt, as indicated in the [Attachment], the secured debt of the instant right to collateral was extinguished in entirety. (2) The secured debt of the instant secured debt of the instant secured right to D, which was claimed for the expiration of the extinctive prescription period, is a commercial claim as the price claim. Since three years have elapsed from June 30, 2006, which was the date of concluding the instant right to collateral security contract, the secured debt became extinct by prescription. Therefore, the Plaintiff’s secured debt became extinct by prescription.

Preliminaryly, the Plaintiff’s water guarantee obligation on February 8, 2016, which was three years from February 8, 2013, on which the date on which the Plaintiff paid the instant secured obligation to the Defendant.

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