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(영문) 창원지방법원 진주지원 2018.02.06 2017가단35232
근저당권말소
Text

1. The defendant shall receive on June 24, 2002 from the Changwon District Court, its subordinate registry office with respect to each real estate listed in the separate sheet to B.

Reasons

1. Basic facts

A. Nonparty B is the owner of the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant Real Estate No. 1”), and as to the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant Real Estate No. 2”), Nonparty B completed each transfer of ownership on July 14, 1990 with respect to the real estate listed in the attached Table No. 2 of the attached Table No. 2 (hereinafter “instant Real Estate No. 2”), but on July 26, 201, Nonparty C completed each transfer of ownership on the ground of sale as of July 15, 201.

B. On June 24, 2002, the Defendant completed the registration of the establishment of each of the instant real estate as joint collateral, with the maximum debt amount of KRW 25 million, and the registration of the establishment of a mortgage near each of the debtor B (hereinafter “registration of the establishment of a mortgage near the instant real estate”).

C. On November 1, 2010, the Plaintiff applied for a payment order against B with the Changwon District Court Jinju Branch 2010 tea2761, and applied for a payment order with the said court on November 1, 2010, that “B shall pay to the Plaintiff 16,519,977 won with the annual rate of 15% from October 21, 2010 to the date of full payment” and the said payment order was finalized on November 25, 2010. The said payment order was finalized on November 25, 2010 with the Changwon District Court Jinwon Branch 201 tea Branch 201Da455, and was issued with the above court’s payment order with the annual payment order of KRW 54,436,075 won and KRW 53,867,510 from the above amount, and damages for delay from KRW 15,201 to the date of final payment order with the above court’s payment order of KRW 153,515.

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

2. Determination

A. According to the above facts of recognition and the purport of the entire pleadings as to the cause of the claim, the Defendant’s claim against B against the Defendant is recognized as having been a claim with no fixed maturity, and accordingly, the extinctive prescription has run from June 2002 when the above claim was established, and ten years have passed thereafter.

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