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(영문) 전주지방법원 2018.03.27 2017가단14613
자동차 저당권 설정등록 말소절차 이행
Text

1. The Defendant completed the Plaintiff on July 14, 2006 with respect to the vehicles listed in the separate sheet of Jeollabuk-do, Seoul Special Self-Governing Province.

Reasons

1. Determination as to the cause of claim

A. The defendant on July 14, 2006 (hereinafter "the vehicle of this case") stated in the separate sheet on July 14, 2006

(C) As to the instant mortgage, the mortgage-backed transportation, debtor D, and bond value of 18,040,000 (hereinafter “instant mortgage”) is deemed to be a mortgage-based claim for the mortgage-backed transportation, debtor D, and bond value of 18,000

2) Around the beginning of 2010, the Defendant (the Defendant’s representative director was E) prepared an application for cancellation of the registration of the creation of mortgage of this case and delivered it to the mortgager.

3) On May 24, 2017, the Plaintiff completed the ownership transfer registration with respect to the instant vehicle (the fact that there is no dispute over the grounds for recognition, the entries in Gap evidence Nos. 1 through 3, and the purport of the entire pleadings).

B. According to the above facts of recognition, since the secured debt of the instant mortgage is deemed to have already been extinguished at the beginning of 2010, the Defendant is obligated to implement the procedure for cancellation of the registration of the creation of mortgage of this case to the Plaintiff, who is the present owner of the instant vehicle.

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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