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(영문) 대전지방법원논산지원 2016.01.14 2015가단2617
근저당권말소등기
Text

1. The defendant accepted the plaintiff on February 3, 1998, as to each real estate stated in the separate sheet, from Daejeon District Court.

Reasons

1. On February 3, 1998, the Plaintiff, on the ground of the contract on February 2, 1998, completed the registration of creation of a mortgage with regard to each real estate listed in the separate sheet owned by the Plaintiff on February 3, 1998 as the debtor B, the mortgagee of a new mining industry, the maximum debt amount of 70 million won.

(2) After the registration of the establishment of the mortgage of this case, C and 25 other parties were completed on March 15, 2003 on the ground of the transfer of confirmed claim as of September 14, 1998. The defendant completed the additional registration of the transfer of the right to collateral of this case on October 10, 1998 on the ground that the transfer of confirmed claim was made on March 15, 2003.

However, the secured claim of the instant right to collateral was fully repaid, and even if so, even if so, the said secured claim is a right required for the three-year extinctive prescription period, and has expired three years after March 15, 2003, which was the date of the final transfer of the instant right to collateral, and thus, the Defendant is obliged to implement the procedure for registration of cancellation of the establishment of the instant right to collateral security.

2. Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act).

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