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(영문) 인천지방법원부천지원 2020.09.11 2020가단105489
근저당권말소
Text

1. Defendant B Co., Ltd.: (a) on the real estate stated in the attached list to the Plaintiff, the Busan District Court Branch Branch Decision 2013 March 2012.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On March 29, 2012, the Plaintiff took out a loan of KRW 35,00,000 from Defendant B Co., Ltd. (hereinafter “B”) as of September 29, 2012, and completed the registration of creation of a neighboring mortgage with respect to the instant real estate as of March 29, 2012, the Plaintiff completed the registration of creation of a collective security interest of KRW 52,50,000 with respect to the instant real estate as of March 29, 2012, under the Incheon District Court Decision 29649, March 29, 2012.

(hereinafter referred to as “the instant collateral security” and “the establishment registration of the instant collateral security”).

D Co., Ltd. established a pledge on the instant right to collateral security (hereinafter “instant pledge”) on March 29, 2012, and completed additional registration of the right to collateral security (hereinafter “instant pledge”).

After that, on March 4, 2013, E completed the additional registration of pledge transfer based on the decision of pledge transfer, and on January 13, 2014, E was merged with Defendant C Co., Ltd. (hereinafter “C”).

[Ground for recognition] Defendant B: The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 8, the purport of the whole pleadings, and the purport of the whole pleadings under Article 150(3) and (1) of the Civil Procedure Act

2. The assertion and judgment

A. The Plaintiff’s claim on the loan principal amounting to KRW 35,00,000 among the secured debt of the instant right to collateral security, and damages for delay thereof, the extinctive prescription period is five years in accordance with the Commercial Act, and the interest claim on the loan principal is three years in accordance with Article 163 subparag. 1 of the Civil Act. Thus, the extinctive prescription period of the instant secured obligation was completed in entirety.

B. We examine the judgment as to the claim against Defendant B, and the Plaintiff’s loan of KRW 35,00,000 from Defendant B on March 29, 2012 and completed the registration of the establishment of the neighboring mortgage of this case. The fact that the maturity date of the above loan was September 29, 2012 is as seen earlier, and the Plaintiff’s loan claims against Defendant B are related to the company’s business and are five years pursuant to Article 64 of the Commercial Act.

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