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(영문) 창원지방법원진주지원 2020.04.21 2019가단40061
근저당권말소
Text

1. The defendant shall receive on June 16, 1994 from the Changwon District Court and the South Sea Registry for the real estate stated in the attached list to the plaintiff.

Reasons

In light of the facts stated in Gap evidence No. 1 and the purport of the entire pleadings, the defendant is recognized as having completed the registration of ownership transfer based on inheritance by agreement and division as of November 14, 2018 on the land of this case as of June 15, 1994 on the real estate listed in the separate sheet (hereinafter "the land of this case").

According to the above facts, since the completion of the registration of the establishment of a mortgage near the instant case, there has been no evidence to prove that there has been grounds for interrupting prescription as to the secured claim.

Therefore, it is determined that the establishment registration of the creation of the neighboring mortgage of this case was extinguished by the prescription.

Therefore, the plaintiff's claim against the defendant for the implementation of the cancellation registration procedure concerning the registration of the establishment of a neighboring mortgage of this case is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.

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