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(영문) 의정부지방법원고양지원 2017.10.12 2017가단80932
근저당권말소
Text

1. The defendant received on November 9, 200 from the Cheongju District Court Cheongju District Court Cheongju District Court Cheongju District Court with respect to the real estate stated in the attached list.

Reasons

1. In fact, on November 9, 2000, the Plaintiff registered the establishment of a mortgage to the Defendant with regard to the real estate listed in the attached list (hereinafter “instant land”) and the “1017 square meters,” as to the real estate indicated in the attached list (hereinafter “C land”) and “1,6 million won,” the Plaintiff, and the mortgagee, as the Defendant.

The defendant filed a request for auction of land C, and received the distribution of KRW 214,808 on the date of distribution of the auction procedure (Cheongju District Court D) commenced on April 25, 2001 by the defendant's request for auction on September 13, 2002.

On April 3, 2017, the Defendant filed an application for auction on the instant land, and the auction procedure was commenced by the decision to commence the auction procedure (E) with the Chungcheong District Court.

However, on July 20, 2017, the above decision on commencing auction was revoked and the defendant's request for auction was dismissed in the case of objection against the plaintiff's decision on commencing auction.

[A] The appeal filed by the Defendant against this objection is pending in the court of appeal (2017Ra192). 【Ground for recognition】 The appeal is without dispute, Gap 1, 2, 3 evidence, Eul evidence 1, and the purport of the entire pleadings.

2. The assertion and judgment

A. The defendant's claim secured by the right to collateral security on the land of this case was established at the time when the right to collateral security was established, and ten years have passed since the defendant received distribution in the auction procedure on the land of this case. Thus, the defendant's claim against the plaintiff against the plaintiff was extinguished by prescription.

B. As to the Defendant’s argument, the Defendant’s interruption of prescription: (i) the Defendant asserts that the secured debt of the right to collateral security on the instant land was an obligation against the Defendant’s spouse H by the father of G; (ii) G and the Plaintiff entrusted the Plaintiff with the registration right on the instant land; and (iii) granted the Defendant’s debt each time the Defendant met, such as the Plaintiff’s repayment of the obligation.

Dow, the plaintiff ....

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