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(영문) 광주지방법원 2019.08.29 2019가단864
근저당권말소
Text

1. The defendant received on August 4, 2001 from the Gwangju District Court as to the real estate stated in the attached list 1 and 2 from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff sold each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant real estate”) from the Defendant in total amount of KRW 110,00,000,000.

B. After paying the Defendant the sum of KRW 86,00,000 among the sale price, the Plaintiff completed the registration of ownership transfer regarding the instant real estate, and the Defendant completed the registration of ownership transfer on August 4, 2001 regarding the instant real estate in order to secure the remainder of KRW 24,00,000 for sale price claim against the Plaintiff (hereinafter “the secured claim”).

(hereinafter referred to as “instant collateral security registration”). [Grounds for recognition] The fact that there is no dispute, entry of evidence No. 1, the purport of the entire pleadings.

2. The assertion and judgment

A. (1) Since the Plaintiff’s primary claim was extinguished by fully paying the remainder of KRW 24,00,000 to the Defendant, the Defendant is obligated to perform the procedure for cancellation registration of the instant collateral security registration to the Plaintiff.

(2) Whether the Plaintiff paid all of the above remainder of KRW 24,00,000 to the Defendant, and each of the statements in Gap evidence Nos. 2 through 4 is insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's primary claim is without merit.

B. (1) The instant secured claim was extinguished upon the lapse of five or ten years from July 8, 2008 or from July 26, 2001, which was the date of the Plaintiff’s final repayment due to a commercial activity or a general claim.

Therefore, the Defendant is obligated to implement the procedure for cancellation registration of the instant collateral security registration to the Plaintiff.

(2) According to Article 162(1) of the Civil Act, the period of extinctive prescription is ten years with respect to the secured claim regarding the registration of the establishment of a new mortgage of this case, and the secured claim is completed with the bonds whose maturity has not been determined, barring any special circumstance.

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