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(영문) 서울동부지방법원 2018.12.14 2018가단15391
저당권설정등기
Text

1. The defendant on October 1, 1992 against the non-party B's real estate stated in the separate list shall be the Cheongju District Court's single registry office.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Applicable provisions of Acts: Judgment without pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The omission of judgment: The Plaintiff seeks to cancel the mortgage contract concluded on October 1, 1992 with respect to real estate stated in the separate sheet between the Defendant and Nonparty B as the purport of the instant claim.

However, examining the grounds for the plaintiff's claim, the above right to collateral security has become extinct upon the completion of the extinctive prescription of the relevant secured claim, and thus, the plaintiff seeks the cancellation of the above right to collateral security in subrogation of the debtor B, who is insolvent, and there is no content to seek the cancellation of the above right to collateral security.

Therefore, this part of the claim cannot be viewed as an error and judged separately.

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