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(영문) 제주지방법원 2017.07.07 2016가단60852
저당권설정등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is a creditor of B with respect to the cause of the claim.

B on February 20, 2001, B borrowed 30 million won from the Defendant on February 20, 2004 at the rate of 20% per annum and 20% per annum, and completed the registration of creation of a mortgage as the Jeju District Court No. 11577, Feb. 20, 2001 with respect to the real estate stated in the separate sheet to the Defendant.

(A) As such, the Defendant’s claim against B shall be deemed to have expired around February 20, 2014, when ten years have passed since the said claim against B was due and due and due, barring any special circumstance, the Defendant is obligated to implement the procedure for registration of cancellation of the said registration of establishment of a mortgage.

2. The defendant's assertion asserts that the extinctive prescription has been interrupted by accepting the debt prior to the expiration of the extinctive prescription period.

Witness

According to B’s testimony, B recognized the fact that he recognized the obligation of the Defendant around January 2008, which was prior to the expiration of the extinctive prescription period, and thus, the above extinctive prescription was interrupted.

As such, the defendant's argument is with merit.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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