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(영문) 울산지방법원 2014.05.30 2013가단26837
근저당권말소등기
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 7, 2000, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant, and the Plaintiff and the Defendant agreed to the following purport at the time.

(2) Of the purchase price, the Defendant completed the registration of ownership transfer for the instant real estate in the future before receiving KRW 60 million out of the purchase price. The Plaintiff shall be paid not later than July 10, 2003, and interest thereon shall be paid, and the registration of ownership transfer for the instant real estate shall be completed in the future of the Plaintiff.”

B. On July 10, 200, the Defendant completed the registration of ownership transfer for the instant real estate in the future of the Plaintiff.

C. The Plaintiff accepted the secured debt of the establishment registration of a mortgage near the pertinent real estate, which was already completed immediately after the transfer registration of ownership, and completed the establishment registration of a mortgage near the Ulsan District Court's Yangsan District Court's registration office on July 10, 200, "60 million won for the neighboring mortgager, the Defendant, the debtor, the Plaintiff, and the large amount of the bonds" under Article 27786 of the Act.

(hereinafter referred to as the registration of the collateral security of this case). [Grounds for recognition] The fact that no dispute exists, Gap evidence 1-1 and 2, and the purport of the whole pleadings.

2. As to the argument that the statute of limitations of the secured claim expired

A. As to the cause of the claim, the secured claim for the instant collateral security registration is the purchase price claim of KRW 60 million.

The extinctive prescription period of the above claim is ten years, and it is clear that the payment period of the above claim was ten years from July 10, 2003.

Therefore, the secured debt in the registration of the instant collateral security shall be deemed to have ceased to exist with the intention of the prescription period. Therefore, the Defendant is obligated to cancel the registration of the instant collateral security to the Plaintiff, barring any special circumstance.

B. The defendant's approval of debt.

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