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(영문) 대전지방법원 2017.10.17 2016가단224203
근저당권말소
Text

1. As to each real estate listed in the separate sheet to B:

A. Defendant Mangsan Agricultural Cooperative is Daejeon District Court.

Reasons

1. As to the defendant Mangsan Agricultural Cooperatives

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Procedure Act;

2. As to Defendant A

A. The facts of recognition 1) As to each of the real estate listed in the separate sheet owned by B, the Daejeon District Court No. 1101, Feb. 5, 1993, which was received on February 5, 1993, concluded on the basis of a contract signed on February 5, 1993 by the debtor B, the mortgagee A, the maximum debt amount of 19 million won, as to each of the real estate listed in B’s separate sheet (hereinafter

(2) On February 12, 2007, the registration of establishment was completed. (2) The Plaintiff filed a lawsuit against B against Daejeon District Court Decision 2006Ga64037, which rendered a judgment on February 12, 2007 that “B shall jointly and severally pay to C and the Plaintiff 12,275,347 won and 6,560,000 won with the Plaintiff at the rate of 17% per annum from September 1, 2006 to the date of full payment,” and the above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

B. 1) The Plaintiff’s assertion that the secured debt of the instant right to collateral security against Defendant A had ceased to exist after the lapse of the ten-year statute of limitations, and the Plaintiff seeks to cancel the registration of the establishment of the instant right to collateral security on behalf of the Defendant A, in lieu of B. 2) The Plaintiff did not assert or prove the Defendant’s assertion as to the due date for payment of the instant right to collateral security, and it is reasonable to view that the secured debt of the instant right to collateral security ought to be extinguished from the time of its establishment

Therefore, the secured claim of the instant right to collateral security has expired by prescription on February 5, 2003, at least ten years after the completion of the establishment registration of the instant right to collateral security, from February 5, 1993.

As to this, Defendant A promised to pay the Defendant the secured debt of the instant case to the Defendant around July 24, 2014, which constitutes waiver of prescription interest.

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