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(영문) 창원지방법원마산지원 2019.01.17 2018가단100567
근저당권말소
Text

1. The defendant shall provide C with machinery such as Changwon District Court Msan Branch Branch with respect to each real estate indicated in the indication of attached real estate.

Reasons

1. On August 4, 200, C concluded a mortgage agreement with the Defendant regarding each real estate indicated in the separate sheet, which is owned by C, with a maximum debt amount of KRW 50,00,00,00 with respect to each real estate indicated in the separate sheet, and on the same day, C completed the registration of creation of a neighboring mortgage listed in paragraph (1) of the same Article (hereinafter “the registration of creation of a neighboring mortgage of this case”) to the Defendant. The Plaintiff did not dispute with the Defendant regarding C with regard to “2,170,138 won and the amount of KRW 6,946,00 per annum 29% per annum from April 30, 200 to the date of full payment, and there is no claim to pay KRW 13,623,100 per annum from September 30, 2003 to the date of full payment, or there is no claim between C and each of the parties who are insolvent, or there is no dispute between C and each of the parties to the entire pleadings.

Meanwhile, if the claim is not exercised within 10 years, the extinctive prescription is completed (see Article 162 of the Civil Act). The secured obligation of the instant right to collateral was extinguished by the extinctive prescription on August 4, 2010 after the lapse of 10 years from August 4, 2000 when the establishment registration of the instant right to collateral was completed.

The Defendant asserted that the secured obligation of the instant right is the obligation to compensate for damage caused by the act of fraud against the Defendant or the obligation to pay to the Defendant by C, which is the mother of D, and that the period of payment has not been determined at the time of the agreement. The secured obligation of the instant right of collateral is at least the expiration of the prescription period after the lapse of ten years from August 4, 200, and as long as the secured obligation of the instant right of collateral was extinguished by the prescription period, the instant right of collateral should be cancelled. The Plaintiff, a creditor of C, also recognized the need to request the Defendant to cancel the registration of the instant right of collateral by subrogation of C, which is insolvent.

Therefore, the defendant completed the extinctive prescription on August 4, 2010 to C.

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