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(영문) 광주지방법원 2021.01.28 2020가단517863
근저당권말소
Text

Defendant:

A. As to the portion of 330/2524 out of 2309 square meters in Gwangju Mine-gu E, Gwangju District Court, Plaintiff A shall be registered with the Gwangju District Court.

Reasons

1. Determination on the cause of the claim

A. 1) On January 4, 2001, the Plaintiff borrowed KRW 60 million from G as of May 30, 2001. On the same day, Plaintiff B guaranteed the Plaintiff’s obligation for the above loan to G.

2) On January 4, 2001, the Plaintiffs entered into a mortgage agreement with G. On the same day, the Plaintiffs concluded a mortgage agreement with G, and completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a right to create a right to create a right to create a right to create a right to create a right to create a right to create a right to create a right to create a right to create a right to create a right to create a right to create a right to create a right (hereinafter “registration of each of the instant right to create a right to create a right to create a right to create a right to create a right to create a right to create a right to create a right), among 30/2524 shares out of 230 square meters in Gwangju-gu, Gwangju-gu, Gwangju-gu, Gwangju-gu, Gwangju-gu, and 132/2524 shares out of 2159 square meters in

3) On January 18, 2013, the Defendant completed the complete registration of the right to collateral security, which was based on the assignment of claims, by the registration office of the Gwangju District Court No. 10237, Jan. 18, 2013.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 3, the purport of the whole pleadings

B. According to the above facts of recognition, it is clear in the record that ten years have passed since May 30, 201, which was the due date for the repayment of the plaintiffs' loans to G, and thus, each of the instant collateral obligations against the party under the lower priority became extinct due to the completion of prescription, and the registration of the establishment of each of the instant lower priority shall be deleted according to the nature of the collateral.

2. As to the Defendant’s assertion, the Defendant asserted that the Plaintiffs’ filing of the instant claim on the ground that the statute of limitations expired, on the grounds that the Plaintiffs had expired, on the ground that, at the time of 2001, the repayment of principal and interest by selling the instant real estate was the date of the sale of the instant real estate and the due date for the repayment of the secured obligation under each of the instant lower rights was not yet due.

On May 30, 2001, the plaintiffs submitted the loan certificate as stated on May 30, 200.

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