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1. The defendant shall receive on February 17, 1994 from the plaintiff the Daegu District Court with respect to the size of 575 square meters in Yong-gun, Youngbuk-gun.
Reasons
1. On February 14, 1994, the Plaintiff entered into a mortgage contract with the Defendant with a maximum debt amount of KRW 50,000,000 (hereinafter “mortgage contract”). On February 17, 1994, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) as stated in the Disposition No. 1 of this case.
However, the Plaintiff’s secured obligation pursuant to the instant mortgage contract did not exist at present or all extinguished due to the completion of extinctive prescription. The Defendant is obliged to implement the registration procedure for cancellation of the instant mortgage establishment registration to the Plaintiff.
2. Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice);