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(영문) 인천지방법원부천지원 2019.02.15 2018가단10366
근저당권말소
Text

1. The defendant received on March 6, 1996 from the Incheon District Court Branch for the building indicated in the attached list from the plaintiff.

Reasons

1. Facts of recognition;

A. From around 1990, the Plaintiff purchased rice from the Defendant, who had engaged in the rice wholesale business in the name of “C” in the name of “D”.

B. In order to secure the above price of goods, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “mortgage of this case”) such as the maximum debt amount of KRW 20,000,000, the debtor, the debtor, and the mortgagee as the defendant, as stated in paragraph (1) of this Article.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s claim for the price of goods, which is the secured claim of the instant right to collateral security, extinguished by the Plaintiff’s repayment, and even if the repayment was not recognized, the Defendant’s claim for the price of goods has expired by prescription, and thus, the Defendant is liable to implement the procedure for registration of cancellation

B. 1) The Plaintiff’s assertion on this part is without merit, and there is no evidence to prove that the Plaintiff repaid the price of goods to the Defendant. 2) The period of extinctive prescription is three years pursuant to Article 163 subparag. 6 of the Civil Act because the Defendant’s claim for the price of goods sold by merchants falls under the price of goods sold by merchants. There is no evidence to prove that the Defendant supplied rice to the Plaintiff after the establishment of the right to collateral security in this case, and it is apparent in the record that the instant lawsuit was filed on August 22, 2018, which is apparent that three years have passed since the establishment of the right to collateral security in this

Therefore, the instant right to collateral security should be cancelled on the ground of the extinction of prescription of the secured claim.

3. As to this, the defendant's defense to the effect that the plaintiff approved the above goods payment obligation to the defendant on December 1, 2018. However, there is no evidence to acknowledge this, and the defendant's defense is without merit.

C. Accordingly, the defendant shall execute the procedure for registration of cancellation of the instant right to collateral security to the plaintiff.

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