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(영문) 인천지방법원 2016.11.30 2016가단230170
근저당권말소
Text

1. The Plaintiff:

A. Defendant B shall have jurisdiction over the area of 645 square meters in Namyang-si, Namyang-si, the Namyang-si District Court of the Republic of Korea, Namyang-si, the Namyang-si registry office of the Republic of Korea.

Reasons

1. On October 8, 1998, the registration of establishment of a mortgage on the land indicated in the order of Nonparty D owned by Nonparty B was completed on October 8, 1998, and the Plaintiff completed the registration of establishment of a mortgage on the land above on January 28, 2002 due to the sale with Nonparty. Meanwhile, on August 26, 2015, the Defendant Republic of Korea completed the registration of establishment of a mortgage on the above right to collateral security on the ground of Defendant B’s default of capital gains tax on August 26, 2015 may be recognized by the evidence No. 1 and No. 1.

According to the above facts, unless there are special circumstances, the secured obligation of the above secured right has expired ten years after the establishment date of the secured right, and the above secured right also has expired by the incidental nature of the secured right.

Attachment of the defendant Republic of Korea shall be subject to claims, the extinctive prescription of which has expired, and shall not be effective.

Therefore, in response to the plaintiff's exercise of the right to exclude interference based on the plaintiff's ownership, the defendant B is obligated to cancel the registration of the establishment of the above neighboring mortgage to the plaintiff, and the defendant Republic of Korea should express its consent to the cancellation.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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