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(영문) 춘천지방법원 2016.05.19 2016가단441
근저당권설정등기말소
Text

1. The defendant on June 16, 1999 against the non-party B's real estate stated in the attached list.

Reasons

1. Indication of claim;

A. The Plaintiff holds a claim for reimbursement against Nonparty B by a judgment in the Chuncheon District Court 2013Kadan5308 Claims for Reimbursement.

B. On June 16, 1999, the Defendant registered the establishment of a neighboring mortgage against the real estate listed in the separate sheet owned by Nonparty B (hereinafter “the instant real estate”), under Article 2848 of the Chuncheon District Court’s receipt of the two-gu registry office, the maximum debt amount of KRW 35,00,000, the debtor B, and the creditor.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”) C.

The Plaintiff’s registration of the establishment of a mortgage of the instant case extinguished ten (10) years after the lapse of ten (10) years, and thus, the registration of the establishment of a mortgage of the instant case is null and void. Therefore, in order to preserve the Plaintiff’s claim against Nonparty B by subrogation, the insolvent Nonparty B, seeking the cancellation of the registration of the establishment

2. Judgment made by deemed confession: Article 208 (3) 2 of the Civil Procedure Act.

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